CC 2007 02-06
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
FERUARY 6, 2007
The February 6, 2007, 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 Poway City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Bob Emery, Don Higginson, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Merrilee Boyack and Betty Rexford
STAFF MEMBERS PRESENT
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
June Dudas
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Frank Casteleneto
Patti Brindle
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Community Services Manager
Director of Public Works
Director of Redevelopment Services
Director of Administrative Services
Director of Safety Services
Sheriffs Captain
City Engineer
City Planner
Assistant to the City Manager
Management Analyst
Mayor Cafagna led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
· Councilmember Emery provided Poway Bob's Restaurant Review on Cin Cin
Restaurant, formerly Italia Mia, in the Target Shopping Center, noting its excellent
food.
· Councilmember Emery praised Lake Poway staff and the Park Rangers for a
successful Youth Fishing Derby held last weekend.
· Mayor Cafagna commended the Board of Realtors for their voluntary action to
discontinue placement of directional real estate signs on street corners.
· Mayor Cafagna welcomed Boy Scout Troup 601 present in Council Chambers.
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PRESENTATIONS
· Mayor Cafagna welcomed Poway's First Baby of 2007, Eliana Noelle Martinez, joined
by sister Elisa and brother Daniel, and presented parents Manny and Amy Jane
Martinez with a certificate and a $100 savings bond.
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:
Roger Willoughby, Poway, spoke on problems with his building permit.
CONTINUED PUBLIC HEARINGS
1.
A.
Ordinance No. 650, Second Reading, entitled: "An Ordinance ofthe City
of Poway, California, Changing the Zoning Classification of Certain
Properties (ZC 06-01) APN: A Portion of 321-110-02;"
B. General Plan Amendment (GPA) 06-01 to change the existing General Plan
Land Use designation of the site from RR-A to Planned Community (PC) to
allow for the development with one-net-acre minimum lot sizes in a
"clustered" configuration;
C. Specific Plan Amendment (SPA) 89-01A to amend the Old Coach Golf
Estates Specific Plan to incorporate the 122.5-acre site into the Specific
Plan boundary; and,
D. Tentative Tract Map (TIM) 06-02 to re-subdivide the five parcels into five
"numbered" residential lots, which range in size from approximately one
net acre to 3.5-net acres, and 2 "lettered" lots; one approximately 0.75-
acre lot for the private road and one approximately 111-acre lot for the
purpose of permanently preserving existing natural open space area.
Sunroad Enterprises, Applicant. APNs: 277-071-05, 14,15, 16 and 277-
080-04. (0220-60)
At its January 16, 2007 meeting, the City Council introduced and had first reading of
Ordinance No. 650, and considered the General Plan Amendment, Specific Plan
Amendment and Tentative Track Map. The applicant submitted a request to continue
this matter to the March 13, 2007 City Council meeting.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Council member Higginson to
continue second reading of the ordinance to the March 13, 2007 City Council meeting.
Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford absent.
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2. Ordinance No. 651, First Reading, entitled: "An Ordinance of the City of Poway,
California, Amending Chapter 2.18 of the Poway Municipal Code by the
Amendment of Section 2.18.040 Changing the Time and Place of Regular City
Council Meetings and Amending Section 2.18.070 Concerning the Order of
Business on the Agenda." (0710-90)
Diane Shea, City Clerk, presented the staff report. At its January 2, 2007 meeting, the
City Council directed staff to prepare an ordinance amending the City of Poway
Municipal Code, Chapter 2, implementing a revised regular City Council meeting
schedule to the first three Tuesdays of the month. The proposed ordinance also
amends Section 2.18.070 to include "City Councilmember Announcements" in the
order of business on the agenda.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Council member Higginson to
waive further reading of the ordinance and continue the public hearing to February 20,
2007, for second reading and adoption of the ordinance; and further, to cancel the
regular meetings of July 3, 2007 and August 21, 2007 as part of the summer schedule.
Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford absent.
3. Minor Conditional Use Permit (MCUP) 02-01 and Revision to Minor Development
Review Application (MDRA) 01-95R; Poway Chevrolet, Applicant. A request to
legalize four existing seatainers, a covered auto detailing area, and an existing
legal nonconforming repair facility in conjunction with auto sales, and the
establishment of a modular building to be used as a temporary office. The
project site is located at 13742 Poway Road, within the Automotive/General
Commercial zone and the Poway Road Specific Plan Area. APN: 317-130-56.
(0210-50)
Mayor Cafagna opened the public hearing. Niall Fritz, Director of Development
Services, presented the staff report. The applicant is requesting that this item be
continued to the City Council meeting of April 24, 2007.
The following individual spoke on this issue:
Kevin McGuinness, Poway, complained of noise throughout the evening and into
the night at this location.
Motion by Council member Emery and seconded by Council member Higginson to
continue this item to the April 24, 2007 City Council meeting, at request of the
applicant. Motion carried 3-0 with Deputy Mayor Boyack and Councilmember Rexford
absent.
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4. Conditional Use Permit (CUP) 86-11MNariance (VAR) 06-12, and Development
Review (DR) 04-11R; Pomerado Hospital, Applicant. A request for approval of
Phase 2 of the Pomerado Hospital Expansion project, which consists of a new
five-story, 148,000-square-foot building attached to the existing hospital; a
separate 30,000-square-foot addition to, and remodel of, the existing hospital;
relocation of the existing helistop; and construction of retaining walls up to 10
feet in height, which are greater than the 6-foot height limit. (0210-30)
Mayor Cafagna opened the public hearing. Development Services Director Niall Fritz
provided the staff report. Pomerado Hospital is an existing facility that was originally
approved and constructed before City incorporation. In November 2005, the City
Council approved Phase 1 of a major, two-phased Hospital expansion project. Phase
1 consisted of a five-story attached addition to the Hospital and a 1,200-space parking
structure, which are currently under construction. In their review and approval of the
Phase 1 expansion, the City Council was proVided conceptual information on Phase 2
expansion. Detailed information is now available and Pomerado Hospital is requesting
approval of Phase 2, which involves a new, five-story 148,OOO-square-foot building
addition to the existing Hospital; a separate 30,000-square-foot addition to, and
remodel of, the existing Hospital; relocation of the existing helistop; and construction of
retaining walls up to 10 feet in height, which are greater than the 6-foot height limit.
The following individuals spoke on this item:
Ken Rogers, representing Boulder Medical & Dental Center, cited patient parking
problems due to the construction parking.
Merton Suzuki, M.D., said the parking in the entire area has been impacted negatively
by this project.
Michael Shanahan, representing Palomar Pomerado Healthcare, made a presentation
on the project and spoke on their measures to alleviate the parking problems.
Motion by Councilmember Higginson and seconded by Councilmember Emery to close
public hearing, and adopt Planning Resolution No. P-07 -03, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Conditional Use Permit
(CUP) 86-11M, Variance (VAR) 06-12 and Development Review (DR) 04-11R
Assessors Parcel Number 275-461-04, 275-470-01, 06, 10 and 26". Motion carried
3-0 with Deputy Mayor Boyack and Council member Rexford absent.
5. Consideration of Authorization of Poway Redevelopment Agency Tax Allocation
Refundina Bonds Series 2007. (0440-10)
Tina White, Director of Administrative Services and Redevelopment Agency Treasurer,
presented the staff report. This action provides for the City Council and the
Redevelopment Agency adoption of resolutions authorizing the issuance of the
Redevelopment Agency Tax Allocation Refunding Bonds series 2007, approves the
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Item 4 continued:
forms of the Fourth Supplemental Indenture ofTrust, the Bond Purchase Contract, the
Escrow Agreement, the Bond Counsel Services Agreement, the Continuing Disclosure
Agreement, the Fiscal Agent Fee Schedule, the Fiscal Consultant's Services, and the
Preliminary Official Statement.
Keith Curry, Public Financing Management, the City and Agency's bond counsel,
answered questions of the Council/Agency members.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember/Director Higginson and seconded by
Councilmember/Director Emery to adopt Resolution No. 07-013 entitled: "A Resolution
of the City Council of the City of Poway, California, Approving the Issuance by the
Poway Redevelopment Agency of its Tax Allocation Refunding Bonds, Series 2007
and Making Certain Determinations Relating Thereto", and Resolution No. R-07-11
entitled "A Resolution of the Poway Redevelopment Agency Authorizing the Issuance
of Tax Allocation Refunding Bonds, Series 2007 of said Agency in an Aggregate
Principal Amount Not-to-Exceed Thirty-Four Million Dollars ($34,000,000), Approving
Certain Documents and Taking Certain Other Actions in Connection Therewith."
Motion carried 3-0 with Deputy MayorNice Chair Boyack and Councilmember/Director
Rexford absent.
CONSENT CALENDAR
Motion by Councilmember Higginson and seconded by Councilmember Emery to approve the
Consent Calendar consisting of items 6 through 15 as submitted. Motion carried 3-0 with
Deputy Mayor Boyack and Councilmember Rexford absent.
6. Ratification of Warrant Reaisters for the periods December 25 through 29, 2006,
January 1 through 5, 2007, and January 8 through 12,2007. (0475-20)
7.
Approval of City's Investment Report as of December 31, 2006.
(0450-80)
8. Status Report on the City of Poway Sponsored Domestic Violence Prevention
Proaram. (0700-70)
9. Adoption of Resolution No. 07-014, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Ordering the Expansion of Powav Liahtina District,
Zone A with the Annexation of APN 317-761-16 with Written Consent of the
Property Owner, Beth Jacobson as Described within Exhibit "A" Attached
Hereto." (0760-30)
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10. Adoption of Resolution No. 07-015, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Ordering the Expansion of Powav Landscape
Maintenance District 86-1 and Poway Lighting District, Zone A with the
Annexation of APNs 271-140-11 and 277-140-12 with Written Consent of the
Property Owners, Anthony and Patricia Garczynski as Described within Exhibit
"A" Attached Hereto." (0760-20)
11. Adoption of Resolution No. 07-016, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Ordering the Expansion of Powav Landscape
Maintenance District 86-1 and Poway Lighting District, Zones A and C with the
Annexation of APN 321-011-46 with Written Consent of the Property Owners, Eric
Ahmad Sedehi and Mahnza Kavousi Fard as Described within Exhibit "A"
Attached Hereto." (0760-20)
12. Adoption of Resolution No. 07-017, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Ordering the Expansion of Powav Landscape
Maintenance District 86-1 and Poway Lighting District, Zones A and C with the
Annexation of APN 321-011-48 with Written Consent of the Property Owners, Eric
Ahmad Sedehi and Mahnza Kavousi Fard as Described within Exhibit "A"
Attached Hereto." (0760-20)
13. Acceptance ofthe 2006 Semi-Annual Encampment Report. (0750-10)
14. Approval of Proposed Reoraanization for the Enoineerino Division of the
Development Services Department consisting of position reclassifications and
revised classification specifications. (0510-50)
15. Approval of the Amendment to the Emplovment Aareement for the City Manager.
(0700-10)
CITY MANAGER ITEMS
16. Assistant City Manager thanked Director of Administrative Services Tina White and the
bond financing team for their work on the disclosures and documentation on the bond
issues approved on this agenda.
CITY ATTORNEY ITEMS
17. CLOSED SESSIONS:
City Attorney Lisa Foster requested a Closed Session for the following three items:
A. Conference with Legal Counsel, Existing Litigation
Government Code ~54956.9(a)
Epic Journey v City of Poway
Superior Court Case No. GIC 863567
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CITY ATTORNEY ITEMS continued:
CLOSED SESSIONS
B. Conference with Legal Counsel, Existing Litigation
Government Code section 54956.9(a)
Keena v. Shoval and Related Cross Actions,
Superior Court Case No. GIC 856239
C. Conference with Legal Counsel, Existing Litigation
Government Code section 54956.9(a)
Hidden Valley Ranch et al. v. City of Poway
Superior Court Case No. GIC 852143
MAYOR AND CITY COUNCIL-INITIATED ITEMS
22A. Request Council concurrence to appoint five members to the Budget Review
Committee for the Fiscal Years 2007-2009: (0120-10)
Raghubir (Rugby) Mathur by Deputy Mayor Boyack
Mary Cross by Council member Emery
Janet DePrinzio by Councilmember Higginson
Jerry Hargarten by Councilmember Rexford
Dave Knopp by Mayor Cafagna
This item was continued to the February 20, 2007 City Council meeting for consideration.
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 8:02 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:53 p.m. with all Councilmembers
present, except Deputy Mayor Boyack and Council member Rexford. Mayor Cafagna
stated there was no reportable action taken in Closed Session.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:55 p.m.
~~~~~
City of Poway, California
8805