CC 2007 06-05
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 5, 2007
The June 5, 2007, Regular Meeting of the City Council of the City of Poway was called to
order at 7:02 p.m. by Mayor Cafagna at the poway City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Bob Emery, Don Higginson, Mickey Cafagna
COUNCILMEMBERS ABSENT
Betty Rexford
STAFF MEMBERS PRESENT
Rod Gould
Lisa Foster
Diane Shea
Niall Fritz
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Patti Brindle
Frank Casteleneto
Paolo Romero
City Manager
City Attorney
City Clerk
Director of Development Services
Director of Public Works
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 gave his Restaurant Review on Le Peep restaurant in the Dixieline
shopping center, recommending their excellent breakfast/brunch menu.
· Councilmember Emery applauded the successful opening ceremony of Solara
affordable housing complex.
· Mayor Cafagna noted that Solara is the first 100% energy-efficient apartment complex
in California, and possibly the United States.
· Deputy Mayor Boyack also attended the Solara ceremony, saying that this affordable
housing complex had no impact on the environment for energy consumption.
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· Deputy Mayor Boyack thanked all those involved in the Poway Community Leadership
Institute, praising the excellent partnership between City staff, Poway Unified School
District and the Chamber of Commerce. Graduates will present their reports to City
Council at the June 19 meeting.
· Mayor Cafagna acknowledged the representatives from Boy Scout Troop 630 in the
Chamber audience.
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 Derkach, Poway, spoke on the United States flag not flying at Hillside Village; referred to
Haley Ranch Estates and Hillside Village deeds; and commented on the City's Bill of Rights
and Code of Ethics.
Joe St. Lucas, Poway, said the Snack Shop at Aubrey Park was painted a different shade of
red than was approved, and asked that the City take steps to prevent the problem from
happening again. He volunteered to repaint the building.
PUBLIC HEARINGS
1. Ordinance No. 657 - First Reading, entitled: "An Ordinance of the City of
Poway, California, Describing the poway Redevelopment Agency's Existing
Authority to Acquire Real Property in the Paguay Redevelopment Project, in
Accordance with Senate Bill 53." (0240-30)
Dena Fuentes, Director of Redevelopment Services, presented the staff report. In
September 2006, the State Legislature adopted Senate Bill 53 requiring
redevelopment agencies to adopt an ordinance before July 1, 2007, that contains a
description of the Redevelopment Agency's program to acquire real property by
eminent domain. SB 53 requires every redevelopment agency to outline its framework
for use of eminent domain, but SB 53 does not impact, change, or modify the Agency's
eminent domain authority. Approval of this Ordinance will satisfy the requirement of
SB 53. No residential properties have or will be acquired through eminent domain by
the Agency.
There were no public speakers.
Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to waive further
reading and continue the public hearing to June 12, 2007, for second reading and
adoption of the ordinance. Motion carried 4-0 with Councilmember Rexford absent.
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2. Minor Conditional Use Permit (MCUP) 95-02M(3): Lynelle Lynch, Applicant. A
request for a modification to a Minor Conditional Use Permit to allow an
approximate 6,000-square-foot expansion of an existing Poway Academy of Hair
Design into adjacent suites in the Lively Shopping Center. The subject property
is located at 13264 Poway Road in the Town Center zone. APN: 317-101-42.
(0210-50)
Niall Fritz, Director of Development Services, provided the staff report. This is a
request for a modification to Minor Conditional Use Permit 95-02 to allow an
approximate 6,000-square-foot expansion of a beauty school into three adjoining
suites within the Lively Center. The purpose of the expansion is to provide the beauty
school the ability to advance their technical and business curriculum so their students
can be trained to work in the upscale spa and salon industry that is now becoming the
market trend.
Lynnelle Lynch, applicant, spoke in favor of the request.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close
the public hearing and adopt Planning Resolution No. P-07-24, entitled: "A Resolution
of the City Council of the City of Poway, California, Approving Minor Conditional Use
Permit 95-02M(3) and Rescinding Resolution Nos. P-95-21 and P-01-01, Assessor's
Parcel Number 317-101-42." Motion carried 4-0 with Councilmember Rexford absent.
3. Development Review 96-05R; San Diego National Bank, Applicant. A request for
approval of a Lighting Exemption Permit to allow high-pressure sodium light
fixtures for security at the ATM when the Poway Municipal Code standards
require the use of low-pressure sodium lighting. The property is located at
13395 Poway Road, within the Town Center zone. APN: 317-473-19. (0200-20)
Niall Fritz, Director of Development Services, presented the staff report. San Diego
National Bank is requesting approval of a Lighting Exemption Permit to allow high-
pressure sodium light fixtures for security at the ATM when the poway Municipal Code
standards require the use of low-pressure sodium lighting. This property was formerly
occupied by Hollywood Video. State law establishes special nighttime security
requirements for ATMs, which preempts City standards.
There were no public speakers.
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close
the public hearing and adopt Planning Resolution No. P-07-25, entitled: "A Resolution
of the City Council of the City of Poway, California, Approving Development Review
(DR) 96-05R, Assessor's Parcel Number 317-473-19." Motion carried 4-0 with
Councilmember Rexford absent.
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CONSENT CALENDAR
Motion by Councilmember Higginson, seconded by Councilmember Emery, to approve the
Consent Calendar consisting of Items 4-17 as submitted. Motion carried 4-0 with
Councilmember Rexford absent.
4. Ratification of Warrant Reaister for the periods April 23 through April 27, April 30
through May 4 and May 7 through May 11, 2007. (0475-20)
5. Approval of Minutes - City Council
April 24, 2007 Regular Meeting
May 1, 2007 Regular Meeting
May 8, 2007 Regular Meeting
7. Adoption of Resolution No. P-07-26, entitled: "A Resolution ofthe City Council of
the City of Poway, California Approving Temporarv Use Permit 07-26, for the
Annual Old Fashioned Fourth of July 2007, Fireworks and Concert Celebration"
to be held at Old poway Park located at 14134 Midland Road and Poway High
School, located at 15500 Espola Road. (0210-60)
8. Adoption of Resolution No. 07-039, entitled: "A Resolution ofthe City Council of
the City of Poway, California, Commendina Eaale Scout Brennen Scott Clement."
(0710-40)
9. Award of Bid for Water Treatment Plant Chemicals for FY 2007/2008 to the
following: Thatcher Company of California, $75,530.32 (Alum); Pioneer
Americas, LLC, $54,375.30 (Liquid Chlorine); JCI Jones Chemicals, Inc.,
$82,079.00 (Sodium Hydroxide); Hill Brothers Chemical Company, $15,800.00
(Aqua Ammonia); Thatcher Company of California, $4,729.44 (Potassium
Permanganate); and Carus Corporation, $58,560.00 (Liquid Permanganate).
(0480-30)
10. Approval of Consultant Aareement with Nolte Enaineerina for engineering
design services for the Oak Knoll Roadway Improvement Project (CIP #5298) in
the amount notto exceed $321,641.00. (0700-10)
11. Approval of Consultant Aareement with Tran Consultina Enaineers for
engineering design services for the High Valley Pump Station Project (CIP
#1751) in the amount not to exceed $131,940.00. (0700-10)
12. Approval of Consultant Aareement with Dudek for as-needed civil engineering
services for the period of June 5, 2007 through June 5, 2008. (0700-10)
13. Approval of Consultant Aareement with Psomas for as-needed engineering
design services for the period of June 5, 2007 through June 5, 2008. (0700-10)
14. Approval of Consultant Aareement with Boyle Enaineerina for engineering
design services for the Espola Road Pipeline Project (CIP #5716). Continued to
June 19, 2007 to allow for further negotiations. (0700-10)
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15. Approyal of Consultant Aareement with Harris & Associates for as-needed civil
engineering services for the period of June 5, 2007 through June 5, 2008.
(0700-10)
16. Approval of Consultant Aareement with Infrastructure Enaineerina Corporation
for as-needed ciyil engineering services for the period of June 5, 2007 through
June 5, 2008. (0700-10)
17. Award of Bid to New Centurv Construction in the amount not to exceed $63,625
for the ADA Barrier Remoyal Project (Bid No. 06-030). (0700-10)
CITY MANAGER ITEMS
18. City Manager Gould, responding to a comment by a member of the public, stated that
the Snack Shack was a gift to the City by the Poway Girls Softball volunteers to help
fund improvements to Aubrey Park. The color is different than first approved and staff
will take steps to make sure this does not happen in the future. Ifthe Council feels the
building needs to be repainted, the City will purchase the paint, and staff, along with
those who have volunteered, will repaint the building.
CITY ATTORNEY ITEMS
19. City Attorney Foster requested the following Closed Session.
A. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation
Government Code Section 54956.9(b)
Number of potential cases: 1
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 7:28 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 7:50 p.m., with all Councilmembers
present, except Councilmember Rexford. The City Attorney reported that there was no
reportable action taken in the Closed Session.
Mayor Cafagna adjourned the meeting in memory of Frank Goldsmith at 7:50 p.m.
.2;(~
} L. Diane Shea, City Clerk
City of Poway, California
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