CC 2007 04-10
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
APRIL 10, 2007
The April 10, 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, Merrilee Boyack, Betty Rexford, Don Higginson, and Mickey Cafagna
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Sherrie Worrell
Niall Fritz
Robert Clark
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Patti Brindle
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
Director of Development Services
Director of Community Services
Director of Public Works
Director of Redevelopment Services
Director of Administrative Services
Director of Safety Services
Sheriffs Captain
City Planner
Assistant to the City Manager
Management Analyst
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Councilmember Emery gave a review of Q'Harley's Bar and Grill located on
Community Road in the Wal-Mart Shopping Center, noting its excellent food.
PRESENTATIONS
· Proclamation: Earth Day and Arbor Day, to be held April 14 at Lake Poway
Recreation Area. Mayor Cafagna presented the proclamation to Jim Howell, Director
of Public Works and Robert Clark, Director of Community Services.
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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:
Lynette Perkes, Poway, expressed concern about the violations of the General Plan and the
number of code violations within the City and doesn't want Poway to become like Hillcrest,
North Park, or Kensington.
Nick Stavros, Poway, spoke about the importance of community aesthetics and suggested
that Council establish an aesthetics advisory committee with each Council member appointing
one individual.
STAFF REPORTS
1. ReQuest for Rehearina of Variance 07-01 allowing a garage/home officlil building
that is under construction at 13718 Sagewood Drive to observe a 25-foot front
yard setback when a 40-foot setback is required within the Rural ReSIdential C
(RR-C) zone. APN 275-342-14. Jeff Reed, Applicant. Marge and Thomas
Knothe, Appellant. (0210-70)
Niall Fritz, Director of Development Services presented the staff report. On March 13,
2007, the City Council approved Variance 07-01 with conditions. A letter requesting a
rehearing of the Variance was submitted on March 23, 2007 by Thomas and Marge
Knothe, adjacent neighbors to the subject property. Chapter 2.21 of the Poway
Municipal Code provides for the rehearing of City Council actions upon the slJbmittal of
a request with new and/or different information that was not available at the time of the
initial hearing. The City Council can, at its discretion, either take no further action on
the matter or set the matter for another public hearing. Should the City accept the
request for rehearing, the matter would be scheduled for a new public hearing within
30 days.
The following individuals spoke in support of the request for a rehearing:
Marge Knothe, Poway
Tom Knothe, Poway
Nick Stavros, Poway
William Monahan, Poway
Bob Wistort, Poway
Dee Fleschman
Mike Crofts, Poway gave a handout on California Government Code Section 65906
regarding variances.
Jeff Reed, Poway requested Council deny the request for a rehearing.
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Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, denying the
request for a rehearing as no new evidence had been submitted. Motion carried 3-2
with Councilmembers Emery and Rexford voting "no."
CONSENT CALENDAR
Motion by Councilmernber Emery, seconded by Councilmember Rexford to approve the
Consent Calendar consisting of Items 2, 3 and 5 through 7, exceptfor item 7.1, which was
removed at the request of a member of the public for discussion. Motion carried
unanirnously.
2. Ratification of Warrant Reaisters for the period March 12 through March 16,
2007. (0475-20)
3. Approval of Minutes - City Council
March 13, 2007 Regular Meeting
March 20, 2007 Regular Meeting
5. Adoption of Resolution No. P-07-16, entitled: "A Resolution of the Ci~ Council
of the City of Poway, California Approving Temporary Use Permit 07-~5 for the
Country Health and Home Street Fair" to be held on April 22, 2007 along Midland
Road between Poway Road and Hilleary Place. (0210-60)
6. Approval of the Release of Gradina Securities for Performance Bond No.
661113695 in the amount of $218,000 and a reduction of the cash security from
$40,000 to $5,000 for Temple Adat Shalom located at 15905 Pomerado Road;
Conditional Use Permit 86-04; Sid Bernsen, Temple Adat Shalom, Applicant.
APN: 275-810-17,18 and 19. (0210-30)
7. Approval ofthe Release of Gradina Securities for Grading Bond No. 2136774 in
the amount of $207,600 and the cash security of $35,800 for Poway Corporate
Center Lot 9 located at the southern terminus of Community Road; Ted Tchang,
Tech Business Center, LLC, Applicant. APN: 320-220-19 (0810-70)
7.1 Approval of Positions on PendinQ Legislation. Support AB 411/$B 709 -
Overconcentration of Residential Care Facilities, AB 1254 - Property Tax Reward:
Affordable Housing, AB 1256 - Density Bonus Law, AB 1260 - Local
Government: Notice, SB 286 . Local Street and Road Transportation funds, SB
429 - Land Use Controls, SB 913 - Sex Offenders: Parole, SB 934 -
Housing/Infrastructure Investment Districts, and SB 947 - CEQA: CalTrans:
Rights-of-Ways; Oppose SB 303 - Local Government Housing, SB 964 (Romero)
- Local Agencies. (0740-55)
This item was removed from the Consent Calendar at the request of a member of the
public for discussion.
Dee Fleischman, Poway, stated she was opposed to staffs recommendation for
AB1260, SB 947, and SB 934.
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Motion by Council member Emery, seconded by Councilmember Higginson, ~o approve
the item as submitted. Motion carried unanimously.
CITY MANAGER ITEMS
8. City Manager Gould reported that SANDAG would soon be releasing the crime
statistics for the fiscal year. Based on the sumrnary that has been received, violent
crimes in Poway are down as is the FBI crime index. Mr. Gould conjplimented
Sheriffs Captain Todd E. Frank and Safety Services Director Mark Sanch~z for their
hard work, as Poway remains one of the safest cities in Southern CalifornIa.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
10A. San Diego County Childhood Obesity Action Plan.
(1010-50)
Council member Emery asked staff to look into participating in the San Diego County
Childhood Obesity Action Plan. Council concurred.
14A. Concurrence of committee appointment as nominated by Counclilmember
Rexford: Community Fine Arts Committee - Christine Stell. Council concurred
with the appointment.
ADJOURNMENT - Mayor Cafagna adjourned the meeting at 8:24 p.m.
~ il i, 0 L0 j LtJw o.Q
Sherrie D. Worrell, DeputylCity Clerk
City of Poway,California
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