CC 2007 05-15
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 15, 2007
The May 15, 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
Merrilee Boyack, Bob Emery, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT
Don Higginson
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa Foster
Diane Shea
Niall Fritz
Jim Howell
Robert Clark
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Patti Brindle
Frank Casteleneto
Paolo Romero
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Development Services
Director of Public Works
Director of Community Services
Director of Redevelopment Services
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
· Poway Bob's Restaurant Review. Councilmember Emery reviewed the Quiznos
restaurant.
· Councilmember Rexford attended the Police Officers Memorial Ceremony in Balboa
Park. She attended and was a judge at the Dog Day event in Community Park-Dog
Park on Saturday, and praised Community Services for this event.
· Deputy Mayor Boyack announced the kick-off for Poway Pride, which will be held on
Saturday, May 19, for a community-wide day of clean-up and fix-up projects
throughout the City.
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PROCLAMATIONS
. Presentation of Proclamation declaring May 20-26, 2007 as National Public
Works Week. Mayor Cafagna presented the proclamation to Jim Howell, Director of
Public Works, Niall Fritz, Director of Development Services, Dennis Quillen, Assistant
Director of Public Works, and Frank Casteleneto, City Engineer, and thanked them for
their services to the community.
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:
Val Derlach, Poway, inquired why the United States flag was not flown for 5 days at Hillside
Village.
Nick Stavros, Poway, objected to the City Council action last week to increase solid waste
fees.
Ed Carboneau, Poway, said the seating in Council Chambers is too cramped, and announced
his new mailing address.
Connie Messina, Poway, asked for the City Council to adopt an ordinance relating to stranded
shopping carts. This is especially a problem in the Oak Knoll area.
PUBLIC HEARINGS
1. Variance (VAR) 06-08 and Minor Development Review Application (MDRA) 05-74;
John and Julie Weaver, Applicants. A request to construct a 3,026-square-foot,
two-story, single-family residence, with an attached 803-square-foot garage, on a
vacant 2.47-acre lot located on Welton Lane, within the Rural Residential C (RR-
C) zone. The applicant is also requesting a Variance to permit the residence to
encroach 20 feet into the required 20-foot street side yard setback along a 60-
foot wide, unused private access easement. The property is on Welton Lane,
south of Poway Road. APN: 323-092-14. (0210-70)
Niall Fritz, Director of Development Services presented the staff report. This is a
request to allow the construction of a 3,026-square-foot, two-story, single-family
residence, with an attached 803-square-foot garage, within the Rural Residential C
zone. The applicant is requesting a Variance to permit the residence to encroach 20
feet into the required 20-foot street side yard setback, up to the edge of an unused 60-
foot-wide access easement on the north side of the property. The house will still be
set back 60 feet from the property line. This large easement and the required side
yard setback constraint, limits the development potential of the site. The project site is
a vacant 2.47-acre parcel located on Welton Lane, south of Poway Road.
John Weaver, applicant, answered the City Council's questions about the ownership of
the easement.
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Item 1 continued:
Motion by Councilmember Emery, seconded by Councjlmember Rexford, to close the
public hearing; adopt Planning Resolution No. P-07-22, entitled: "A Resolution of the
City Council of the City of Poway, California, Approving Variance 06-08 and Minor
Development Review Application 05-74 Assessor's Parcel Number 323-092-14'-
Motion carried 4-0, with Councilmember Higginson absent.
2. Minor Development Review Application (MDRA) 04-90. Rescission of Resolution
No. P-05-20, which approved the vehicle access gate across Mina de Oro Road.
Applicants: Property Owners on Eucalyptus Heights Road and the 14800 Block
of Mina de Oro Road/John Fitch. APN: 321-111-11 and 16. This action is in
order to comply with the court's ruling in Keena v. Shoval. (0200-25)
Lisa Foster, City Attorney, provided the staff report. On March 22, 2005, the City
Council approved Minor Development Review Application 04-90, for installation of a
vehicle access gate across Mina de Oro Road just north of Poway Grade. A court has
now ruled that there are public access rights to Mina de Oro, and has ordered that the
City Council rescind its approval of MDRA 04-90 and Resolution P-05-20.
In the original Agenda Report for this item, the City Attorney noted that if the City
Council votes to rescind Resolution No. P-05-20 and MDRA 04-90, the
applicants/property owners who installed the vehicle access gate that was the subject
of that Resolution and MDRA would be required to remove the gate, but not the
associated columns/pilasters. She said it was initially believed that removal of the gate
alone would be adequate to comply with the court's order in Keena v. Shoval, with the
least inconvenience and cost to the applicants/property owners.
Since the posting of the original Agenda Report, the City has received correspondence
opposing the retention of the columns/pilasters, on the basis that the columns/pilasters
impede public access to Mina de Oro, and cause a narrowing of the roadway. As a
result of this correspondence, staff revised its original recommendation and revised the
Resolution as follows: 1) the Resolution now requires the removal of the
columns/pilasters, in addition to the iron gate; 2) the Resolution now specifies that
removal of the gate and columns must be completed within 60 days of approval of the
Resolution.
The following people spoke in support of staff's recommendation to rescind Resolution
P-05-20, and adopt the revised resolution to rescind MDRA and directing gate and
column/pilasters be removed:
Nick Stavros, Poway
Connie Messina, Poway
Nick Hollon, Poway
Marina Hollon, Poway
Joe St. Lucas, representing South Poway Residential Association
Imad Shahhal, Escondido
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Item 2 continued:
Speakers in support of staff recommendation:
Bill Parmley, Poway
Don Davison, Poway
Tony Ngyen, Poway
Tzvika Sharabi, San Diego
Diane Brunner, Poway
Rabbi Zoll, San Diego
Denise Culver, Escondido
The following people spoke in opposition of removal of the gate:
Dennis Keena, Poway
Pamela Larson, Poway
Jerry L. Thomas, Poway
Ed Carboneau, Poway
James Bainbridge, Poway
Allen Sterger, Poway, opposed removal of the gate and asked for a 90-day stay
on the order in order to discuss with legal counsel.
Harry Rogers, Poway, opposed, and asked for 90-day continuance to discuss
with legal counsel.
Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to adopt the
revised resolution as included in the additional materials packet, Planning Resolution
No. P-07-23, entitled: "A Resolution of the City Council of the City of Poway,
California, Rescinding Resolution No. P-05-20, Approving Minor Development Review
Application (MDRA) 04-90, Assessor's Parcel Numbers 321-111-11 and 16." Motion
carried 4-0 with Councilmember Higginson absent.
WORKSHOP ITEM:
3. Pre-Development Conference 07-01; Brett Ames, Applicant/Property Owner.
Consideration of a proposal to change the land use and zoning of a 40-acre
parcel (Whispering Oaks) located north of St. Andrews Drive, at the northern
terminus of Glen Arven Lane, from Rural Residential-A (RR-A) to Planned
Community (PC). The applicant is also requesting an amendment to the Old
Coach Golf Estates Specific Plan to include the property into the Specific Plan
area. APN: 273-100-04. (0200-30)
Niall Fritz, Director of Development Services, presented the staff report. This is a pre-
development conference request for City Council comment on a proposed change in
land use and zoning for the applicant's 40-acre parcel from Rural Residential-A to
Planned Community and to incorporate the parcel into the Old Coach Golf Estates
Specific Plan. The revised subdivision proposes the placement of 3 lots ranging from
1 to 2 acres in size along the southern boundary of the parcel, which would be
consistent with the surrounding development.
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There was no one present wishing to speak on this item.
City Council consensus was to conceptually support the project and directed staff to
bring the project forward.
4. Overhead Cost Allocation Fee Study prepared by FCs Consulting. (0700-10)
Tina White, Director of Administrative Services, introduced Peter Moy with FCS
Consulting who gave a presentation on the study. This overhead cost allocation study
is a financial analysis tool that is commonly used by cities. The purpose of the study
was to develop a plan to proportionally distribute the costs of general, citywide support
services to departments, divisions, and/or separate funds, which use or benefit from
those services.
There was no one present wishing to speak on this item.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to receive
the report, and direct staff to incorporate the results of the study into the FY07/08 and
FY08/09 budgets. Motion carried 4-0, with Councilmember Higginson absent.
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack, to approve the
Consent Calendar consisting of Items 5 through 11 as submitted, with item 11.1 being
removed for discussion at the request of a member of the public. Motion carried 4-0 with
Councilmember Higginson absent.
5. Ratification of Warrant Reaister for the period April 16 through April 20, 2007.
(0475-20)
6. Adoption of Resolution No. 07-038, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Commending EaQle Scout Matthew Arden Davis."
(0710-40)
7. Approval of Waiver of Formal Bid Process for the emergency demolition and
removal of the wooden patio cover structure located between the Community
Park auditorium and Senior Center; and approval of payment to Clauss
Construction in the amount of $9,000. (0700-10)
8. Approval of Consultant Aareement with Wilson & Company to update the City's
Transportation Element of the General Plan. (0700-10)
9. Approval of Contract Amendment with Pomerado Publishina Inc., for printing of
the Poway Today newsletter. (0700-10)
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10. Authorize the City Manager to execute an Aareement for Professional Services
with Switchfoot Creative for graphic design and editorial services for the Poway
Today newsletter on a quarterly basis and redesign of the newsletter. (0700-10)
11. Award of Bid to Zebron Contractina. Inc., in the amount of $259,010 for the first
phase of the Wastewater Collection Access Manhole Rehabilitation Program _
Bid No. 06-026. (0700-10)
11.1 Approval of Final Map for Tentative Tract Map (TIM) 04-04 located 14221 Midland
Road, the northeast comer of Midland Road and Aubrey Street; Robert Lamagno,
Owner. APN 314-193-22. (0200-60)
This item was removed from the Consent Calendar at the request of a member of the
public for discussion.
Dee Fleischman, Poway, stated her concerns regarding the potential loss of view of
the Plaisted House from Midland Road with this subdivision.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to (1)
approve the Final Map for TIM 04-04 and direct its recordation; (2) accept, on behalf
of the City, an easement for water and sewer over, upon, across, and under the
subject land as shown on TM 04-04; (3) accept, on behalf of the City, Aubrey Street
and Midland Road for use as public streets, and (4) direct the addition of a note to the
Final Map to inform that the design of homes would be reviewed to see that any view
obstruction of the Victorian house behind this property is minimized. Motion carried 4-
o with Councilmember Higginson absent.
ADJOURNMENT - Mayor Cafagna adjourned the meeting at 9:04 p.m. announcing that the
next regularly scheduled meeting is June 5, 2007.
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City of Poway, California
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