CC 2007 09-04
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 2007
The September 4,2007, Regular Meeting of the City Council of the City of Poway was called
to order at 7:08 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic
Center Drive, Poway, California.
COUNCILMEMBERS PRESENT
Merrilee Boyack, Don Higginson, Mickey Cafagna
COUNCILMEMBERS ABSENT
Bob Emery, Betty Rexford
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa Foster
Diane Shea
Patti Brindle
Robert Clark
Kevin Haupt
Tina White
Mark Sanchez
Todd E. Frank
Frank Casteleneto
Kristen Crane
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Interim Director of Development Services
Director of Community Services
Director of Public Works
Director of Administrative Services
Director of Safety Services
Sheriff's Captain
City Engineer
Assistant to the City Manager
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
Deputy Mayor Boyack announced the Poway Community Leadership Institute (PCLI) begins
in October and is accepting applications for participants. Applications are available at City
Hall and the Chamber of Commerce.
Mayor Cafagna announced today's meeting will be adjourned in honor and memory of Staff
Sergeant Jason Paton who was killed defending this country on his second tour of duty in Iraq
on August 22,2007.
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PROCLAMATIONS AND AWARDS
. Presentation of Proclamation to Mark Sanchez, Director of Safety Services,
declaring September 2007 as National Preparedness Month. Mayor Cafagna
presented the proclamation to Garry MacPherson, Division Chief of Safety Services,
and praised his leadership in the City's emergency operations planning efforts.
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:
Luanne Hulsizer, Poway Chamber of Commerce-Chief Executive Officer, introduced herself
and spoke on the Chamber's recent efforts in advertising shopping and business
opportunities in Poway.
Val Derkach, Poway, spoke on Haley Ranch Estates management's responses to his
inquiries and concerns, and complimented City staff.
Dee Fleischman, Poway, noticed the lack of landscaping at the Montessori School and
inquired if they had an approved landscaping plan.
PUBLIC HEARINGS
1.. Ordinance No. 659 - First Reading, entitled: "An Ordinance ofthe City of Poway,
California, Amending Chapter 8.68 of the Poway Municipal Code Concerning
Solid Waste Management." (0380-90)
Lisa Foster, City Attorney, presented the staff report. This amendment to Chapter
8.68 of the Municipal Code, related to Solid Waste Management, is for the purpose of
including definitions and provisions to that chapter related to the City's storm water
pollution prevention activities. These amendments are necessary to support the
proposed solid waste based storm water fee that will be presented to the City Council
for approval later this fall. This amendment also includes minor housekeeping
changes to the Solid Waste Management chapter.
There were no public speakers on this item.
.Motion by Deputy Mayor Boyack, seconded by Council member Higginson, to waive
further reading and continue the public hearing to September 18, 2007, for second
reading and adoption of the ordinance. Motion carried 3-0 with Councilmembers
Emery and Rexford absent.
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Page 3 - CITY OF POW A Y - September 4, 2007
2. Tentative Parcel Map (TPM) 07-02; Poway Warehouse Distribution Center,
LLC/Steve Spooner, Applicant. A request for a condominium conversion of an
existing 18,280-square-foot, light industrial building into two individual units, on
a one-acre property located at 12675 Stowe Drive, in the Planned Community
zone and designated Light Industrial. APN: 317-223-27. This project is also
associated with Variance (VAR) 86-04, Development Review (DR) 87-13, and
Tentative Tract Map (TTM) 86-05}. (0200-20)
Patti Brindle, Interim Director of Development Services, presented the staff report.
The applicant is requesting approval of a Tentative Parcel Map for an "air space"
subdivision (commonly referred to as a condominium conversion) of an existing
industrial building located in the South Poway Business Park. The building was
originally approved under Development Review 87 -13 and built in 1989. The proposed
Tentative Parcel Map will create the air space division of the building creating two
individual condominium units.
There were no public speakers on this item.
Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, to close the
public hearing and adopt Planning Resolution No. P-07-42, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Tentative Parcel Map
(TPM) 07-02 Assessor's Parcel Number 317-223-27." Motion carried 3-0 with
Council members Emery and Rexford absent.
3. Tentative Tract Map 01-02TE; Jeff Fisk, Applicant. A request for a one-year time
extension to finalize the subdivision map for the 5-lot Cobblestone Creek
Ranches. The 5.6-acre project site is located at 12664 Cobblestone Creek Road
within the Rural Residential C zone. APN: 316-071-06. (0200-60)
Patti Brindle, Interim Director of Development Services, presented the staff report.
This project is a 5-lot subdivision of an approximate 5.6-acre site located at the
southern terminus of Cobblestone Creek Road near the western City limit, within the
Rural Residential C zone. The map was originally approved on July 5, 2005. The
applicant is requesting a time extension until July 5,2008 to final the subdivision map.
The project's grading and improvement plans, and final map are in the plan check
process.
There were no public speakers on this item.
Motion by Deputy Mayor Boyack, seconded by Councilmember Higginson, to close the
public hearing and adopt Planning Resolution No. P-07-43, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving a Time Extension for
Tentative Tract Map 01-02TE APN: 316-071-06." Motion carried 3-0 with
Councilmembers Emery and Rexford absent.
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Page 4 - CITY OF POWAY - September 4,2007
CONSENT CALENDAR
Motion by Councilmember Higginson, seconded by Deputy Mayor Boyack, to approve the
Consent Calendar, Items 4,5,7-13, as submitted. Motion carried 3-0 with Councilmembers
Emery and Rexford absent.
4. Ratification of Warrant ReQisters for the periods July 16-20, 2007, July 23-27,
2007, July 30-August 3,2007, and August 6-10,2007. (0475-20)
5. Approval of Minutes - City Council
August 7, 2007 Regular Meeting
August 14, 2007 Regular Meeting
7. Acceptance of the 2006-2007 Citvwide StripinQ Improvements Proiect (#407-
4330) - Bid No. 05-017 from C-18, Inc.; authorize the City Clerk to record the
Notice of Completion; and release the Payment and Performance Bond in the
amount of $167,540.83. (0700-10)
8. Acceptance of the 2006-2007 Overlav Proiect (#407-4320) - Bid No. 06-020 from
Hazard Construction Company; authorize the City Clerk to record the Notice of
Completion; and release the Material and Labor Bond in the amount of
$849,813.25. The work performed was on Poway Road between Silver Ridge
Road and Espola Road and on Community Road from Poway Road to 1,300 feet
south. (0700-10)
9. Adoption of Resolution No. 07-073, entitled: "A Resolution of the City Council of
the City of Poway, California, Ordering the Expansion of Powav LiQhtinQ District,
Zone A with the Annexation of APN 317-490-26-00 with Written Consent of the
Property Owners, George D. and Elizabeth B. Heller as Described Within Exhibit
"A" Attached Hereto." (0760-30)
10. Approval of Position on PendinQ LeQislation: Oppose: AB 414 (Jones) Local
Planning: Residential Development; AB 220 (Bass) Firefighters; AB 419 (Lieber)
Workers' Compensation: Public Employees: Leaves of Absence; and SB 942
(Midgen) Workers' Compensation: Disability. (0740-55)
11. Approval of a Consultant AQreement between the City of Poway, the Poway
Redevelopment Agency and Ninyo and Moore for geotechnical materials and
compaction testing and inspection services for the period September 4, 2007
through September 4,2008. (0700-10)
12. Approval of a Consultant AQreement between the City of Poway, the Poway
Redevelopment Agency and Right-of-Way Engineering, Inc., for as-needed
surveying and staking services for the period September 4, 2007 through
September 4,2008. (0700-10)
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13. Approval of a Consultant Agreement between the City of Poway, the Poway
Redevelopment Agency and Kleinfelder West, Inc., for as-needed soils and
materials testing for the period September 4, 2007 through September 4, 2008.
(0700-10)
CITY ATTORNEY ITEMS
15. City Attorney Foster requested a Closed Session for the following:
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
AUTHORITY: Gov. Code Section 54956.9a
NAME OF CASE: Basile, Cannon, et al. v. City, et al.
Superior Court Case No. 73252
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 7:28 p.m. as requested by City Attorney Foster.
The City Attorney announced that the closed session was for Council direction to legal
counsel and there would be no reportable action coming out of the Closed Session.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 7:57 p.m., with all Councilmembers
present except for Councilmembers Emery and Rexford. There was no reportable action
taken in Closed Session.
Mayor Cafagna adjourned the meeting at 7:58 p.m. in memory of Staff Sergeant Jeff Paton.
~~~
L. Diane Shea, City Clerk
City of Poway, California
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