CC 2007 02-20
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
FEBRUARY 20, 2007
The February 20,2007, 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.
COUNCILMEMBERS PRESENT
Bob Emery, Betty Rexford, Don Higginson, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Merrilee Boyack
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
June Dudas
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Frank Casteleneto
Jason Martin
Patti Brindle
Kristen Crane
Paolo Romero
Garry MacPherson
Dennis Quillen
PLEDGE OF ALLEGIANCE
City Manager
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
Sheriff's Captain
City Engineer
Senior Planner
City Planner
Assistant to the City Manager
Management Analyst
Safety Services Division Chief
Assistant Director Public Services
Councilmember Rexford led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Poway Bob's Restaurant Review: Councilmember Emery reviewed Zips Tummy
Buster restaurant located in the Business Park serving salads, sandwiches and pizza;
also offering a catering service.
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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:
Ed Carboneau, Poway, questioned councilmember's absences from Council meetings.
Diane Armstrong and Lee Tartre, Poway, spoke on Public Works removal of trees from their
property and their concerns with resulting erosion and other damage.
CONTINUED PUBLIC HEARINGS
1. Ordinance No. 651, Second Reading, entitled: "An Ordinance of the City of
Poway, California, Amending Chapter 2.18 ofthe Poway Municipal Code by the
Amendment of Section 1.18.040 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. On February 6, 2007, the City
Council introduced and held the first reading of Ordinance No. 651 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." Deputy Mayor Boyack and Councilmember
Rexford were absent at first reading. There was no public testimony given at that time.
There was no one present from the public wishing to speak on this item.
Motion by Council member Higginson and seconded by Councilmember Emery to close
the public hearing, waive further reading, and adopt Ordinance No. 651 by a roll call
vote. Motion carried 4-0 with Deputy Mayor Boyack absent.
PUBLIC HEARINGS:
2. Tentative Tract Map (TTM) 06-04, Don Mechling, Applicant. A request for
approval of a 10-lot subdivision of an approximate 22 acre-site, consisting of
residential lots ranging in size from 2 to 2.7 acres, located at 14633 and 14735
High Valley Road in the Rural Residential B2 zone and Hillside/Ridgeline Overlay
area. APN: 321-030-31 and 32. (0200-60)
Niall Fritz, Director of Development Services, presented the staff report. The applicant
is proposing a 1 O-Iot subdivision of the 22-acre site. The site is currently comprised of
two lots of approximately 11 acres each; both of which are developed with a single-
family home. The proposed subdivision would retain the two existing homes on
smaller lots and create eight additional lots. The proposed lots range in size from 2 to
2.7 acres. The site is located at 14633 and 14735 High Valley Road, in the Rural
Residential Bz zone and Hillside/Ridgeline Overlay area. The proposed TIM complies
with all City standards.
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There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Councilmember Higginson to close
the public hearing and adopt Planning Resolution No. P-07-04, as amended, entitled,
"A Resolution of the City Council of the City of Poway, California, Approving Tentative
Tract Map 06-04, Assessor's Parcel Numbers 321-030-31 and 32." Motion carried 4-0
with Deputy Mayor Boyack absent.
3. Ordinance No. 652, First Reading, entitled: "An Ordinance of the City of Poway,
California, Amending Chapter 8.04, Sections 8.04.010 through 8.04.100
Concerning Smoking in Public Parks and Trails." (0620-90)
Paolo Romero, Management Analyst, presented the staff report. An increasing
number of cities throughout California are adopting policies limiting smoking in outdoor
venues due to concerns over public health, safety, and cigarette-related litter. In
Poway, residents have expressed interest in the City adopting an ordinance prohibiting
smoking at community recreational amenities. Staff recommends that the City adopt
an ordinance prohibiting smoking at public parks and trails to address the following
community issues: fire prevention, public health and safety, and litter reduction.
Debra Kelley, American Lung Association, spoke in favor of the ordinance.
Motion by Councilmember Emery and seconded by Councilmember Rexford to waive
further reading, introduce the ordinance and continue the public hearing to March 13,
2007 for second reading of Ordinance No. 652. Motion carried 4-0 with Deputy Mayor
Boyack absent.
4. Variance (VAR) 06-13, Mark Rowson, Applicant. A request for a Variance to
allow (1) an 8-foot encroachment into the required 40-foot front yard setback for
a garage addition, (2) a 1 O-foot encroachment into the required 20-foot side yard
setback for a garage addition, and (3) an 8-foot encroachment into the required
20-foot side yard setback for a living area addition, for an existing single-family
residence located at 16652 Maverick Lane, in the Rural Residential C (RR-C)
zone. APN 275-600-30. (0210-70)
Niall Fritz, Director of Development Services, presented the staff report. The applicant
is requesting a Variance to allow a portion of an approximately 471-square-foot new
garage and a portion of a 535-square-foot living area addition to an existing single-
family residence to encroach into the front yard and side yard setbacks. The request
is to allow for the front corner of the garage to encroach eight feet into the required 40-
foot front yard setback. The proposed front setback for the new garage will match the
setback of the existing legal nonconforming garage setback at 32 feet from the front
property line. This new garage would also encroach 10 feet into the 20-foot side yard
setback. The new living area addition proposed on the side/rear of the house would
encroach eight feet into the required 20-foot side yard setback.
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Mark Rowson, applicant, gave a presentation on his proposed project.
Matthew Pollack, Poway, is concerned with the stability of the steep slope on Mr.
Rowson's northerly property line down from his side yard.
Stanley Ginsberg, Poway, is concerned that the project increase impervious surface on
the site that may create runoff and drainage problems affecting neighbors.
Motion by Councilmember Higginson and seconded by Councilmember Rexford to
close the public hearing and adopt Planning Resolution No. P-07-05 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving Variance 06-
13, Assessor's Parcel Number 275-600-30: Motion carried 4-0 with Deputy Mayor
Boyack absent.
4.1 Ordinance No. 653, First Reading, entitled" An Ordinance of the City of Poway,
California, Amending Section 17.40.015, Section 17.40.100 and Section 17.40.090
of the Poway Municipal Code, Implementing a Prohibition on Moving Signs in the
City of Poway." (0280-90)
City Attorney Lisa Foster presented the staff report. This amendment of the City's
Comprehensive Sign Regulations is for the purpose of clarifying the definition of "sign"
so that it includes moving signs, such as human signs, wind activated signs and sign
spinners. The amendment also implements a more comprehensive prohibition on all
types of moving signs because of the traffic safety and aesthetic problems created by
moving signs. The amendment also clarifies that the prohibition on moving signs is
absolute, and not subject to any exceptions in the sign ordinance.
There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Councilmember Higginson to
continue first reading of the ordinance to the March 13, 2007 City Council meeting.
Motion carried 4-0 with Deputy Mayor Boyack absent.
STAFF REPORTS:
5. Adoption of a Resolution adopting the City of Poway Emergency Operations Plan
and the Emergency Operations Center Handbook. (0320-60)
Assistant City Manager Penny Riley and Safety Services Division Chief Garry
MacPherson presented the staff report. The San Diego Unified Disaster Council, of
which the City of Poway is a member, completed their new Emergency Operations
Plan in September 2006. The City of Poway, along with the 17 other incorporated
cities in San Diego, is adopting the structure and format of this plan; however, there
are enhancements to six of the 16 annexes. These enhancements include the
development of our own spontaneous volunteer program and the accommodations for
residents when they arrive at care and shelter facilities with domestic pets. In addition,
we have developed an Emergency Operations Handbook that will serve as a guide for
City officials throughout the disaster.
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There was no one present from the public wishing to speak on this item.
Motion by Councilmember Emery and seconded by Council member Rexford to adopt
Resolution No. 07-018 entitled, "A Resolution ofthe City Council of the City of Poway,
California, to Adopt the Emergency Operations Plan (EOP) and the Emergency
Operations Center (EOC) Handbook." Motion carried 4-0 with Deputy Mayor Boyack
absent.
CONSENT CALENDAR
Motion by Councilmember Rexford and seconded by Councilmember Emery to approve the
Consent Calendar consisting of Items 6, and 8 through 12 as submitted. Motion carried 4-0
with Deputy Mayor Boyack absent.
6. Approval of Minutes - City Council
January 16, 2007 Regular Meeting
January 23, 2007 Canceled Regular Meeting
January 30, 2007 Canceled Regular Meeting
8. Ratification of Warrant Reaisters for the periods January 15 through January 19,
2007, and January 22 through 26, 2007. (0475-20)
9. Award of Bid for Solar-Assisted Trailer Mini-Matrix Messaae Board - Bid No.06-
021 to Allied Traffic Equipment in the amount of $17,509.38. (0480-40)
10. Award of Bid for the Poway Royal Estates Mobile Home Park Family and Adult
Pool Rehabilitation Project (#5546A) - Bid No. 06-022 to South Coast Pool
Plastering, Inc., the lowest bidder, in the amount of $268,929.80. (0700-10)
11. Award of Consultant Aareement to HDR Engineering, Inc. to Prepare a Utilities
Operational Effectiveness Study. (0700-10)
12. Adoption of Resolution No. 07-06 approving Temporary Use Permit (TUP) 07-07,
Knights of Columbus from St. Gabriel's Catholic Church, Applicant, to hold a
fundraising carnival on a vacant Poway Redevelopment Agency-owned lot on
the corner of Poway Road and Tarascan Drive to be held February 22-23, 2007
from 5:00 p.m. to 10:00 p.m. and February 24-25,2007 from 1 :00 p.m. -10:00 p.m.
(0210-60)
CITY MANAGER ITEMS
13. City Manager Gould announced that the next City Council meeting on March 6, 2007
will be the first televised (tape-delayed) meeting and will feature the Mayor's State of
the City Address and a presentation on the Town Center.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
19A. Mayor Cafagna requested and received concurrence to appoint five members to
the Budget Review Committee for Fiscal Years 2007 - 2009 as submitted.
(0120-10)
Raghubir (Rugby) Mathur by Deputy Mayor Boyack
Mary Cross by Councilmember Emery
Janet DePrinzio by Council member Higginson
Jerry Hargarten by Council member Rexford
Dave Knopp by Mayor Cafagna
Ed Carboneau, Poway, objected to the appointment of Jerry Hargarten.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:43 p.m. in memory of Joan McFarland,
Councilmember Rexford's sister, who passed away on February 8,2007.
O)~~CI"k
City of Poway, California
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