CC 2007 01-16
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 16, 2007
The January 16, 2007, Regular Meeting of the City Council of the City of Poway, was called to
order at 7:07 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, Betty Rexford and Mickey Cafagna
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
Rod Gould
Penny Riley
Lisa A. Foster
Diane Shea
Niall Fritz
Robert Clark
Jim Howell
Dena Fuentes
Tina White
Mark Sanchez
Todd E. Frank
Frank Casteleneto
Patti Brindle
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
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
Sheriff's Captain
City Engineer
City Planner
Assistant to the City Manager
Management Analyst
Deputy Mayor Boyack led the pledge of allegiance.
CITY COUNCILMEMBER ANNOUNCEMENTS
. Poway Bob's Restaurant Review. Councilmember Emery gave an excellent review of
Cafe Merlot operated by former Chamber of Commerce Director Toni Kraft.
. Councilmember Emery commented on the positive television coverage of fire services
in Poway.
. Councilmember Rexford inquired of the Council meeting summer schedule; and spoke
on her legislative work with the League of California Cities and Contract Cities.
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. Councilmember Higginson announced that Jordan Bert, previously a Poway High
School student now attending Chapman College, wrote, produced and directed a film
"The Silent" which will premier on January 25 at 7:00 p.m. at the Poway Center for the
Performing Arts and encouraged all to attend.
. Council member Boyack thanked staff for their presentation on redevelopment to the
Poway Community Leadership Institute, including a walking tour of the Old Poway
area.
PRESENTATIONS
. Presentation of Certificates of Appreciation to Past Budget Review Committee
members: Joe Balding, Jeff Figler, Jeff Lake (absent), Kevin McNamara, and John
Riley. Mayor Cafagna presented the certificates.
. Presentation to Poway's First Baby, Eliana Noelle Martinez, born on January 2, 2007
at 7:11 a.m. The Martinez family was not present.
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. There were no speakers.
CONTINUED PUBLIC HEARINGS
1.
A.
Ordinance No. 649, Second Reading, entitled: "An Ordinance ofthe City
of Poway, California, Approving Specific Plan Amendment (SPA) 84-
01WWW to the South Poway Specific Plan to Change the Land Use
Designation on Property Located at the Southeast Corner of Scripps
Poway Parkway and Gateway Place. APNs: 323-091-06 and 323-482-12;"
B. Approval of a Tentative Parcel Map (TPM) 06-04 for a 4-lot subdivision of
the site;
C. Approval to grade manufactured slopes over 30-feet in height on the
property generally located at the southeast corner of Scripps Poway
Parkway and Gateway Place. Slough Estates, USA, Applicant. APN: 323-
091-06 and 323-482-12 (Continued from January 2,2007, Item #2)
(0220-60)
Motion by Deputy Mayor Boyack, seconded by Councilmember Higginson, to continue
the public hearing to March 13, 2007. Motion carried unanimously.
Nick Stavros, Poway, objected to the project and requested a written interpretation
from the City Attorney giving justification for the zone change.
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Joe St. Lucas, Poway, objected to the project and would like to see the open space
preserved.
Barbara Diedericks, Poway, objected to the project and the reduction of open space.
2. Variance (VAR) 06-09; Gary Kite, Applicant. A request for a Variance approval to
allow: (1) two 8-foot-high retaining walls when the maximum height permitted in
the zone is 6 feet; (2a) a series of up to four parallel retaining walls when the
maximum number permitted in the zone is two; (2b) a series of three parallel
retaining walls when the maximum number permitted in the zone is two; (3)
allow the distance between retaining walls to be 2 feet in some areas when a
minimum separation of 5 feet is required in the zone; (4) allow parking within the
18-foot required front yard setback area; and (5) allow 57% of the 18-foot
required front yard setback to be paved when the maximum amount of paved
surface permitted in the zone is 50%. The subject property is located at 13844
Pomerado Road within the Residential Single Family-7 (RS-7) zone. (Continued
from December 19, 2006, Item #5) (0210-70)
Development Services Director Niall Fritz presented the staff report. This item was
continued from the City Council meeting of December 19, 2006, to allow the applicant
additional time to reduce the scope of the requested Variance. The applicant is
requesting a Variance approval to allow the following: (1) two 8-foot-high retaining
walls when the maximum height permitted in the zone is 6 feet; (2a) a series of four
parallel retaining walls when the maximum number permitted in the zone is two; (2b) a
series of three parallel retaining walls when the maximum number permitted in the
zone is two (3) allow the distance between retaining walls to be 2 feet in some areas
when a minimum separation of 5 feet is required in the zone; (4) allow parking within
the18-foot required front yard setback area; and (5) allow 57% of the 18-foot required
front yard setback to be paved when the maximum amount of paved surface permitted
in the zone is 50%. The subject property is located at 13844 Pomerado Road within
the Residential Single-Family 7 (RS-7) zone.
Gary Kite, Poway, expressed his efforts to comply with City regulations.
Motion by Deputy Mayor Boyack, seconded by Council member Rexford, to close the
public hearing and adopt Planning Resolution No. P-07-01, entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Variance (VAR) 06-09,
Assessor's Parcel Number 314-133-36" that approves Items 2a and 3 of Variance 06-
09. Motion carried 4-1 with Councilmember Emery voting "no."
PUBLIC HEARINGS
3.
A.
Ordinance No. 650, First Reading, entitled: "An Ordinance of the City of
Poway, California, Changing the Zoning Classification of Certain
Properties (ZC 06-01) APN: A Portion of 321-110-02;"
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B. General Plan Amendment (GPA) 06-01 to change the existing General Plan
Land Use designation of the site from RR-A to Planned Community (PC) to
allow for the development with one-net acre minimum lot sizes in a
"clustered" configuration;
C. Specific Plan Amendment (SPA) 89-01A to amend the Old Coach Golf
Estates Specific Plan to incorporate the 122.5-acre site into the Specific
Plan boundary; and,
D. Tentative Tract Map (TTM) 06-02 to resubdivide the five parcels into five
"numbered" residential lots, which range in size from approximately one
net acre to 3.5-net acres, and 2 "lettered" lots; one approximately 0.75-
acre lot for the private road and one approximately 111-acre lot for the
purpose of permanently preserving existing natural open space area.
Sunroad Enterprises, Applicant. APNs: 277-071-05, 14, 15, 16 and
277-080-04 (0220-60)
Mayor Cafagna opened the public hearing. Development Services Director Niall Fritz
provided the staff report. The project involves the following development entitlements:
(1) a General Plan Amendment to change the existing General Plan land use
designation of a 122.5-acre site located east of Old Coach Road, approximately one
mile north of Espola Road, from Rural Residential A to Planned Community to allow for
the development of one-net acre minimum lot sizes in a "clustered" configuration, (2)
first reading of an Ordinance to change the existing zoning designation of the site from
Rural Residential A to Planned Community, (3) a Specific Plan Amendment to amend
the Old Coach Specific Plan to incorporate the 122.5-acre site into the Specific Plan
boundary, and (4) a Tentative Tract Map to re-subdivide the five parcels into five
residential lots, which range in size from approximately one-net acre to 3.5-net acres,
and two open space lots; one approximately 0.75-acre lot for the private road and one
approximately 111-acre lot.
Bruze Tarzy, representing the Green Valley Civic Association, Poway, objected to the
project and recommended the City Council require an Irrevocable Offer of Dedication.
Tom Story, representing Sunroad Enterprises expressed his willingness to come back
in the future regarding the remaining 8 acres with the understanding that the City
Council does not support development on the parcel.
Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to waive further
reading of the ordinance and continue the public hearing to February 6, 2007 for
second reading and adoption of the ordinance. Motion carried 4-1 with
Councilmember Emery voting "no."
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4. Hillside/RidQeline Minor Development Review Application (MDRA) 06-30; John
Galkowski, Applicant. A request for approval for a 5,962-square-foot, single-
story residence, a 1, 120-square-foot attached garage, and an unlighted tennis
court on a 5.83-acre site, located at 12735 Gate Drive in the Rural Residential C
(RR-C) zone. APN: 323-290-12. (0200-25)
Mayor Cafagna opened the public hearing. Development Services Director Niall Fritz
presented the staff report. The applicant is requesting the approval of a Minor
Development Review Application to construct a 5,962-square-foot, single-story, single-
family residence, with an attached 1, 120-square-foot garage, and an unlighted tennis
court on a 5.83-acre property located at 12735 Gate Drive. The property is zoned
Rural Residential C (RR-C) and located within the Hillside/Ridgeline Review Area.
Motion by Councilmember Emery, seconded by Deputy Mayor Boyack, to close the
public hearing and adopt Planning Resolution No. P-07-02, entitled: "A Resolution of
the City Council of the City of Poway, California Approving Minor Development Review
Application (MDRA) 06-30, Assessor's Parcel Number 323-290-12." Motion carried
unanimously.
STAFF REPORTS
5. Fiscal Year 2006-2007 Midvear Evaluation and Financial Program Amendments.
(0430-40)
City Manager Gould gave an introduction. Deputy Director of Administrative Services
Peter Moote provided the staff report. Each budget year, all City Departments perform
a budget review at the midpoint to determine if budget adjustments are required. He
summarized the findings of the review.
City Manager Gould, City Attorney Foster, Department Directors White, Clark, Fritz,
Sanchez, Howell, Fuentes and City Clerk Shea provided an overview on the progress
of their respective department's goals as established at the June 20, 2006 City Council
meeting.
Motion by Deputy Mayor Boyack, seconded by Council member Higginson, approving
the Midyear Amendments and adoption Resolution No. 07-004, entitled: "A Resolution
of the City Council of the City of Poway, California Approving Midyear Amendments to
the City's Financial Program for Fiscal Year 2006-2007" and Resolution No. R-07-01,
entitled: "A Resolution of the Poway Redevelopment Agency Approving Midyear
Amendments to the Agency's Financial Program for Fiscal Year 2006-2007. Motion
carried unanimously.
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6. Consideration of Approval of Appropriation and Benefit Resolutions (City and
Agency) for the City of Poway/Poway Redevelopment Agency Capital
Improvement Program. (0430-50)
Administrative Services Director Tina White provided the staff report. At the November
14,2006 Council Workshop, the City Council reviewed the City and Redevelopment
agency two-year capital improvement program. The proposed program focuses on
projects that are currently fully or partially funded, with the goal of completing them in
the next two years.
Motion by Councilmember Higginson, seconded by Council member Rexford, adopting
the following Resolutions, entitled:
Resolution No. R-07-02, entitled: "A Resolution of the Board of Directors of the Poway
Redevelopment Agency Regarding its Intention to Issue Tax-Exempt Obligations;"
Resolution No. 07-005, entitled: "A Resolution of the City Council of the City of
Poway, California, Approving a Revised Capital Improvement Program Budget for
Fiscal Year 2007-2008;"
Resolution No. R-07-03, entitled: "A Resolution of the Poway Redevelopment Agency
Approving a Revised Capital Improvement Program Budget for Fiscal Year 2007-
2008;"
Resolution No. 07-006, entitled: "A Resolution of the City Council of the City of Poway,
California Determining that the Espola Road Pipeline (Titan to Twin Peaks) Project is
of Benefit to the Paguay Redevelopment Project;"
Resolution No. 07-007, entitled: "A Resolution of the City Council of the City of Poway,
California Determining that the Espola Road - Titan/Espola Turn Lane Project is of
Benefit to the Paguay Redevelopment Project;"
Resolution No. 07-008, entitled: "A Resolution of the City Council of the City of Poway,
California Determining that the Midland Road Improvements Project is of Benefit to the
Paguay Redevelopment Project;"
Resolution No. 07-009, entitled: "A Resolution of the City Council ofthe City of Poway,
California Determining that the Oak Knoll Sewer Project is of Benefit to the Paguay
Redevelopment Project;"
Resolution No. 07-010, entitled: "A Resolution of the City Council of the City of Poway,
California Determining that the Poway Grade Mina De Oro Project is of Benefit to the
Paguay Redevelopment Project;"
Resolution No. 07-011, entitled: "A Resolution of the City Council of the City of Poway,
California Determining that the Valley School Improvements Project is of Benefit to the
Paguay Redevelopment Project;"
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Resolution No. R-07-04, entitled: "A Resolution of the Poway Redevelopment Agency
Determining that the Espola Road Pipeline (Titan to Twin Peaks) Project is of Benefit
to the Paguay Redevelopment Project"
Resolution No. R-07-05, entitled: "A Resolution of the PowayRedevelopmentAgency
Determining that the Espola Road - Titan/Espola Turn Lane Project is of Benefit to the
Paguay Redevelopment Project;"
Resolution No. R-07 -06, entitled: "A Resolution of the Poway Redevelopment Agency
Determining that the Midland Road Improvements Project is of Benefit to the Paguay
Redevelopment Project;"
Resolution No. R-07-07, entitled: "A Resolution of the Poway Redevelopment Agency
Determining that the Oak Knoll Sewer Project is of Benefit to the Paguay
Redevelopment Project;"
Resolution No. R-07-08, entitled: "A Resolution of the City Council of the Poway
Redevelopment Agency Determining that the Poway Grade Mina De Oro Project is of
Benefit to the Paguay Redevelopment Project;" and,
Resolution No. R-07 -09, entitled: "A Resolution of the Poway Redevelopment Agency
Determining that the Valley School Improvements Project is of Benefit to the Paguay
Redevelopment Project"
Motion carried unanimously.
7. Award of Bid for the Norwalk Street, York Avenue and Sycamore Avenue
Improvement Project. (0700-10)
This improvement project is intended to upgrade and improve Norwalk Street, York
Avenue and Sycamore Avenue. The scope of work includes the construction of curb
and gutter, concrete sidewalks, asphalt pavement, storm drain improvements, sanitary
sewer improvements and the installation of streetlights. Additional work includes a
Pressure Reducing Station and a CDS StormwaterTreatment Unit. The contract time
for this project is 100 working days with an Engineer's estimate of $1,650,000 to
$1,800,000.
Motion by Councilmember Higginson, seconded by Councilmember Emery, approving
the award of bid to Daley Corporation for the Norwalk Street, York Avenue and
Sycamore Avenue Improvement Project. Motion carried unanimously.
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Deputy Mayor Boyack to approve the
Consent Calendar, Items 8, 9, 11, 12, 14 and 15. Motion carried unanimously.
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8. Ratification of Warrant ReQisters for the periods of December 11 through December
15 and December 18 through December 22,2006. (0475-20)
9. Approval of Minutes - City Council
December 26, 2006 Canceled Regular Meeting
January 2, 2007 Regular Meeting
January 4, 2007 Canceled Adjourned Regular Meeting
January 9, 2007 Canceled Regular Meeting
11. Approval of a Community Contribution in the amount of $1,000 for the Poway High
School Choral Boosters. (0160-10)
12. Approval of Consultant AQreement with Infrastructure Engineering Corporation in an
amount not to exceed $207,167 for engineering design services for the Oak Knoll
Trunk Sewer Project. (0700-10)
14. Appropriation to the Midland Road Improvement Proiect and the Adoption of
Resolution No. 07-012, entitled: "A Resolution of the City Council of the City of Poway,
California, Determining that the Road Improvement, Sewer and Storm Drainage
Projects Adjacent to the Proposed Brighton Affordable Housing Project are of Benefit
to the Paguay Redevelopment Project and Authorizing Payment of Agency Low and
Moderate Income Housing Funds Therefore;" and, Resolution No. R-07-10, entitled:
"A Resolution of the Poway Redevelopment Agency, Determining that the Road
Improvement, Sewer and Storm Drainage Projects Adjacent to the Proposed Brighton
Affordable Housing Project are of Benefit to the Paguay Redevelopment Project and
Authorizing Payment of Agency Low and Moderate Income Housing Funds Therefore."
APNs: 314-202-16 thru 30, 314-212-02 thru 07 and 314-220-02, 03, 34 and 35.
(0620-40)
15. Approval of Consultant AQreement with Raftelis Financial Consultants. Inc., in the
amount of $25,000 to conduct a review of alternative methods for charging residential
sewer fees. (0700-10)
CITY MANAGER ITEMS
16. Mr. Gould said that the Governor released his proposed 2007-08 state budget and that
it appears to help cities, although the Legislature still has a turn to make revisions.
CITY ATTORNEY ITEMS
17. City Attorney Foster requested a closed session for the following:
A. PUBLIC EMPLOYEE EVALUATION
Government Code ~54957
Title: City Manager
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
22. Mayor Cafagna announced the January 20th 10:30 ceremony opening of the
Pomerado Bridge over 1-15 sponsored by Caltrans and SANDAG.
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 9:22 p.m., as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
. Mayor Cafagna called the meeting back to order at 9:57 p.m., with all Councilmembers
present. There was no reportable action taken in Closed Session.
ADJOURNMENT - Mayor Cafagna adjourned the meeting at 9:57 p.m.
L. Diane Shea, City Clerk
City of Poway, California
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