CC 2008 05-06
City of Poway, California
Minutes .of the City Council
Regular Meeting
May 6, 2008
The May 6, 2008 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.
CouncilmembersPresent
Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, Mickey Cafagna
Councilmembers Absent
.
None
Staff Members Present
Rod Gould City Manager
Penny Riley Assistant City Manager
Lisa Foster City Attorney
Salam Hasenin City Clerk
Bob Manis Director of Development Services
Kevin Haupt Director of Public Works
Tina White Director of Administrative Services
Dena Fuentes Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Todd Frank Sheriffs Captain
Pled~e of Alle~iance
Deputy Mayor Emery led the Pledge of Allegiance,
City Councilmember Announcements
Poway Bob's Restaurant Review: Deputy Mayor Emery reviewed the Miami
Grille located in the Stein Mart Center -13670 poway Road.
Deputy Mayor Emery spoke about the 14\11 Annual Band Festival at Old Poway
Park on May 3 and 4, 2008. The City of Poway and the Pomerado Community Band
sponsored the event to honor the Armed Forces. 18 different bands performed and
the event was well attended.
Deputy Mayor Emery requested that item 20B be moved to the beginning of the
meeting,
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Councilmember Boyack spoke about the rededication of Painted Rock Elementary
School and the improvements that are being done to the local schools
Public Oral Communications
Marianne Nealan requested that the City Council reinstate the anti DUI educational
poster The matter was referred to the City Manager.
Joe St. Lucas spoke about the Fibromyalgia Awareness Day on May 12, 2008 and
the damage to the trails from the motorcycle riders.
Val Derkach thanked City staff and Sherriffs deputies for listening to citizens'
suggestions and concerns, the Mexican Flag being flown and leaf blowers at Haley
Ranch.
Connie Messina complimented the Council in regard to the opening of the
Kumeyaay -Ipai Interpretive Center and the flyer recently distributed regarding the
Oak Knoll Revitalization.
Public Hearin~s
1. Ordinance No. 674 - First Reading, Entitled: "An Ordinance of the City of
Poway, California, Amending Chapters 17.04, 17,08, 17.10, 1716, 1718,
17.20, 17,21, 17,22, 17.23, 17.28, 17.32, 17.34, 17,35, 17.40, 17.42, 17.46,
and 17,52 of the Poway Municipal Code Pertaining to Corrections to
Technical Errors in Code Referencing, Reinstating Inadvertently Deleted Text
and Minor Text Additions to Clarify Zoning Ordinance Standards (lOA 08-
01)." (0210-80)
Patti Brindle, City Planner, presented the staff report. Staff has conducted a
review of the provisions of the Zoning Ordinance and is recommending a
series of minor changes to provide better clarity as well as some corrections
to code section references.
Joe St. Lucas spoke in opposition to the staffs recommendation.
City Council Action: Motion by Deputy Mayor Emery, seconded by
Councilmember Rexford to waive further reading of the Ordinance and
continue the public hearing to May 20, 2008 for second reading and adoption,
with the following amendments:
Section 2, Item A was amended as follows (new word is underlined):
"Exotic, wild or non-domestic animal" means any animal not normally
domesticated in the United States such as, but not limited to, !
venomous reptile, fox, raccoon or similar animal, inclUding predatory or
poisonous animals.
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Section 35, ItemK was deleted andltemL was re-Iettered to K.
Motion carried unanimously,
2. Ordinance No 675 - First Reading, Entitled: "An Ordinance of the City of
Poway, California, Amending Chapter 3.28 of the Poway Municipal Code,
Amending Sections 3.28.010, 3.28.020, 3.28,030, 3.28 050, 3.28.070,
3.28.080, 3,28.110, 3.28.120, 3.28.130, Adding Section 3.28.125, and
Deleting Sections 3.28.040 and 3.28.090, All Pertaining to Purchasing."
(0480-90)
Usa Foster, City Attorney, presented the staff report recommending raising
the threshold limit of the City Manager's purchasing authority to $50,000 in
order to better facilitate the City's procurement process.
City Council Action: Motion by Deputy Mayor Emery, seconded by
Council member Rexford to waive further reading of the Ordinance and
continue the public hearing to May 20, 2008 for second reading and adoption.
Motion carried unanimously,
3, Minor Development Review Application 08-12WCF and Variance 08-01WCF;
Glen Seebruch, Owner/Applicant: A request to construct a 3,800-square-foot,
two-story replacement home on a 10-acre Witch Creek Fire impacted
property located at 15362 Skyridge Road, within. the Rural Residential B
zone; and a request for a Variance approval to allow the residence to observe
a 16-foot front yard setback from the Skyridge Road Easement when a 40-
foot setback is required. APN 278-30044 (0210-70)
Carol Rosas, Associate Planner, provided a PowerPoint Presentation. The
applicant is requesting approval to allow the construction of 3,800-square-
foot, two-story replacement residence on the property. A Variance approval
is requested to allow the home to observe a 16-foot front yard setback from
the Skyridge Road easement when a 40-foot setback is required in the zone.
City Council Action: Motion by Deputy Mayor Emery, seconded by
Councifmember Boyack to take public input, close the public hearing, and
approve the Resolution No. P-08-08 entitled: "A Resolution of the City Council
of the City of Poway, California, Approving Variance 08-01WCF and Minor
Development Review Application 08-12WCF. Assessor's Parcel Number
278-300-44," Motion carried unanimously.
4. Annual Review of Minor Conditional Use Permit96-06; Lori Cota, Owner and
Henry Rose/Michael Plue/L TDC, LLC, Applicants: A public hearing to
consider modifications to or revocation of Minor Conditional Use Permit 96-06
for Premier Recovery Services, a vehicle repossession business that
operates on the property located at 13977 poway Road, within the
Automotive/General Commercial zone. APN 323-262-37. (0210-50)
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Carol Rosas, Associate Planner, provided a PowerPoint Presentation
recommending the City Council to direct staff to notice a public hearing for
revocation of Minor Conditional Use Permit 96-06
Mike Plue spoke in opposition of the revocation of the permit.
Robert Fisk Spoke in favor of revoking the permit. Jean Lupien submitted a
speaker's slip in favor of revoking the permit, but did not speak.
City Council Action: Motion by Mayor Cafagna, seconded by
Councilmember Boyack to close the public hearing and direct staff to notice a
public hearing for Revocation of Minor Conditional Use Permit 96-06 Motion
carried 4-0, with Councilmember Rexford being disqualified due to a
potential conflict of interest.
Staff Reports
5. Wildfire Defensible Space Program (0330-65)
Kevin Kitch, Fire Division Chief, provided a PowerPoint presentation
recommending that the City Council provide direction to staff to prepare an
amendment to PMC 8.76 to provide for 100-foot defensible space standard
Citywide and set for public hearing.
Dick Hadinger and Fred Zuill spoke in favor of the staffs recommendation.
Gary Samad and Mike Frye spoke in opposition to staffs recommendation.
Mary Ann Payton, Val Derkach, Dee Fleischman, Mary Ann Horton, Lynnette
Perks, and Tom Knothe provided additional recommendations to staff to
consider when preparing the amendment.
City Council Action: Motion by Deputy Mayor Emery, seconded by
Councilmember Boyack to direct staff to prepare an ordinance for 1 DO-foot
defensible space standard citywide, taking into consideration both Council
and public's input and return to Council at a future meeting Motion carried
unanimously.
6. Request for Approval of Proposed New Position of Senior Code Compliance
Officer. (0500-35)
Bob Manis, Director of Development Services, presented the staff report
requesting the approval of a proposed Senior Code Compliance Officer,
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City Council Action: Motion by Deputy Mayor Emery, seconded by
Councilmember Boyack to approve the summary job description for the
position of Senior Code Compliance Officer, including salary range and
approve the purchase of a vehicle and computer to support the position.
Motion carried unanimously.
7 Pre-Development Conference 08-01, Dorothy Appleby, Owner/Applicant:
The project is a proposal to subdivide a 2.81-acre property located at 14520
Kent Hill Way into four residential lots. APN 314-192-50 (0200-30)
City Manager Rod Gould disqualified himself from this item due to a possible
conflict of interest.
Carol.Rosas, Associate Planner, provided a PowerPoint presentation. City
Council comment is requested concerning Staffs recommendation that the
subdivision provide for the extension and connection of Kent Hill Way south
and east to Budwin Lane through the subject site.
Doug Munson, Karen Boynton, Bob Lamgno, Dorothy Appleby, Michael
Crowley, Tina Wiseman, Eric Weisman, Colleen Mata, Jeff McGinn, Dee
Fleischman, and Roy A. Krava, Jr spoke in opposition to a road connecting
Kent Hill Way south and east to Budwin Lane.
City Council Action: Council received the information and provided
direction to staff.
Consent Calendar
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to approve
the Consent Calendar consisting of items 8 through 17 1 as submitted. Motion
carried unanimously.
8. Ratification of Warrant Registers for the Periods of March 24 through March
28, 2008, and March 31 through April 4, 2008, and April 7 through April 11,
2008. (0475-20)
9. Approval of City's Investment Report as of March 31,2008. (0450-80)
10, Adoption of Resolution No. 08-026 Entitled: "A Resolution of the City
Council of the City of Poway, Califomia, Encouraging Residents to Use
Reusable Bags.. (0330-75)
11. Approval of Positions on Pending Legislation: Support: AB 2176 (Caballero),
SB 1064 (Hollingsworth), Oppose. SB 1296 (Corbett), SB 1338 (Migden); and
receive and file the Legislative Update. (0740-55)
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12. Award of Bid for the Water Treatment Plant Security System Upgrades _
Phase I Project (CIP # 1754) to Area-West Fence Company, the Lowest
Responsible Bidder, in the Amount of $27,400,00 (0700-10)
13. Award of Bid for the poway Road Widening at Mina de Oro Road (CIP #5235)
Bid No. 08-019 to LB Civil Construction, Inc., the Lowest Responsible Bidder,
in the Amount of $206,873 40 (0700-10)
14 Approval of Consultant Agreement Betw~en the City of Poway and PBS{l<J for
Engineering Design Services for the Corrugated Metal Replacement Project
at Standish Drive in an Amount not to Exceed $98,304 00 (CIP# 1437).
(0700-10)
15. Adoption of Resolution No. 08-027 Entitled: "A Resolution of the City Council
of the City of Poway, California, Approving Waiver of the Formal Bid Process
for Emergency Sewer Pipe Repair and Replacement at Pomerado and Poway
Roads" and Authorize the City Manager to Make Necessary Emergency
Repairs to Protect the Public Welfare ofthe City. (Requires a 4/5ths vote)
(0700-10)
16. Authorize the Waiver of the Formal Bid Process and Approve the Purchase of
a Truck from Quality Chevrolet for $26,383.02. (0480-40)
17. Receive Report of Emergency Repair Expenditures Pertaining to the Witch
Creek Fire, and Continue the City Manager's Authorization to Make the
Necessary Emergency Repairs Under Authority of Resolution No, 07-079,
Adopted on October 25,2007. (Requires a 4/5ths vote) (0320-30)
17.1 Authorize the Waiver of the Formal Bid Process and Approve the Sole Source
Purchase of a Pump and Motor from Sloan Electric for $42,240.50
(0480-40)
Mavor and City Council- Initiated Items
20, BOB EMERY
A. Summary of TransNet I Accomplishments. (0140-10)
Deputy Mayor Emery provided an update of the TransNet I accomplishments.
8, Community Contribution for the Poway High School Agriculture
Department. (0160-10)
Deputy Mayor Emery requested approval by Council of a $1,500.00
Community Contribution to the Poway High School Agriculture Department,
as requested by the poway High Ag Partners.
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City Council Action: Motion by Deputy Mayor Emery, seconded by
Councilmember Boyack to approve a $1,50000 Community Contribution to
the Poway High Ag Partners to benefit the Poway High School Agriculture
Department, as requested by the Poway High Ag Partners. Motion carried
unanimously.
Adiournment
Mayor Cafagna adjourned the meeting at 10:20 p.m.
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Salam Hasenin, City Clerk
City of Poway, California
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