CC 2008 07-01
City of Poway, California
Minutes of the City Council
Regular Meeting
July 1, 2008
The July 1, 2008 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.
Council members Present:
Merrilee Boyack, Don Higginson, Betty Rexford, Bob Emery, Mickey Cafagna
Staff Members Present
Rod Gould 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
Garry MacPherson Fire Division Chief
Todd Frank Sheriff's Captain
PledQe of AlleQiance:
Deputy Mayor Emery led the Pledge of Allegiance.
City Councilmember Announcements
Poway Bob's Restaurant Review: Deputy Mayor Emery reviewed the Italian
Restaurant "La Fontana Italian City Bistro," located at 12845 Poway Road in Poway
Deputy Mayor Emery also spoke about the camp-out that took place at Lake Poway
this past weekend. This activity was offered to give an opportunity to residents and
non-residents to try camping in a less-formidable environment.
Pet of the Week by Councilmember Rexford: Council member Rexford introduced a
picture of a male dog named Colt. Colt is available for adoption at the Escondido
Humane Society The Adoption Counselor can be reached at (760) 888-2247
Public Oral Communications
Pat Brady spoke about the day workers who gather around the Garden Road
community and their negative impact on property value
9053
-
Page 2 - City of Poway - July 1, 2008
Joe St. Lucas requested the City's assistance on code enforcement issues on
weekends. He also spoke about the color of a building in Old Poway Park that did not
blend-in with the colors of the rest of the buildings. He stressed the need for
consistency of building colors in the Park.
Connie Messina spoke about the Fourth of July fireworks and asked the City Council to
cancel them in the future due to their cost, effect on animals, and the fire hazards they
cause. She offered alternatives to fireworks such as laser shows.
Public HearinQs:
1 Ordinance No 676 - First Reading Entitled, "An Ordinance of the City of
Poway, California, Adding Section 12.48.250 to the Poway Municipal Code to
Establish Underground Utility District No 66 and Amending Section
12.48160" (0910-20)
Bob Manis, Director of Development Services, provided the staff report. The
Poway Redevelopment Agency plans to reconstruct Oak Knoll Road from
Poway Road to Carriage Road as a part of the Oak Knoll Road Revitalization
Project. The proposed Oak Knoll Road street improvements will include the
undergroundin9 of existing overhead utilities pursuant to Rule 20B of the
California Public Utilities Commission Rule 20 requires the formation of an
Underground Utility District. A public hearing was held on the Resolution of
Intention to Establish Underground Utility District No 66 on June 10,2008.
City Council Action: Motion by Deputy Mayor Emery, seconded by
Councilmember Higginson to waive further reading of the Ordinance and
-,
continue the public hearing to July 15, 2008 for second reading and adoption of
the Ordinance. Motion carried unanimously.
2. Tentative Parcel Map (TPM) 01-05R and Minor Development Review (MDRA)
02-100R, Allen Basile, Applicant: A request to modify the conditions of
approval for the subject applications to allow the driveway elevation of Parcel 4
of TPM 01-05 (11558 Creek Road) to be increased to a higher grade and to
allow a required 6-foot-high wood screening fence to be constructed along the
northerly property line, when it was required to be constructed adjacent to the
access driveway to Parcel 4 The property is located at 11558 Creek Road
within the Creek Road Enclave area and the zoning is South Poway Planned
Community (0200-25)
Councilmember Rexford disqualified herself due to conflict of interest.
Bob Manis, Director of Development Services, provided the PowerPoint
presentation. The applicant is requesting modification to two conditions of
approval that were placed on both the Tentative Parcel Map and the Minor
Development Review permit for Parcel 4 of TPM 01-05 (11558 Creek Road).
9054
Page 3 ~ City of Poway - July 1, 2008
The first condition pertains to increasing the driveway elevation of Parcel 4 by 1
to 5 feet for safety purposes The second pertains to allowing a required 6-
foot-high wood screening fence to be constructed along the northerly property
line rather than constructing the fence adjacent to the access driveway to
Parcel 4 The applicant also proposes to install dense landscaping in front of
the fence to complete the screen
Kevin Cauley, Paul Rexford, Betty Rexford, Ellen Bernee, Mike Fry, Jerry
Hargarten, Virginia Hargarten, Kay Rickles, Bill Rickles, Dee Fleischman, Joes
St. Lucas, Bruce Tarzy, and Lynnette Perkes spoke in opposition to staff
recommendations.
Margaret Lester submitted a speaker's slip in opposition of staff
recommendations, but did not wish to speak.
Robert Ingham spoke expressing interest in the project.
William Brewer spoke in support of staff recommendations.
City Council Action: Motion by Councilmember Higginson, seconded by
Deputy Mayor Emery to close the public hearing Motion carried 3-1, with
Councilmember Boyack opposing and Councilmember Rexford being
disqualified due to conflict of interest.
Motion by Councilmember Boyack to bifurcate the item into two parts. 1) the
proposed driveway; and 2) the proposed fence, seconded by Councilmember
Higginson. Motion carried 4-0, with Councilmember Rexford being
disqualified due to conflict of interest.
Motion by Councilmember Boyack to approve changes to the driveway per
staff recommendation, seconded by Councilmember Higginson. Motion
carried 4-0, with Councilmember Rexford being disqualified due to
conflict of interest.
Motion by Councilmember Boyack to approve the proposed fence with
modifications, seconded by Councilmember Higginson. Motion carried
4-0, with Councilmember Rexford being disqualified due to conflict of
interest.
3 Development Review Application (DR) 05-03M, City of Poway,
ApplicanUOwner' A Request for a modification to Development Review 05-03
to construct a 1,191-square-foot Train Depot located at 14134 Midland Road
within Old Poway Park, and within the Open Space Recreation (OS-R) zone
and the Old Poway Park Specific Plan area. (0200-20)
9055
Page 4 - City of Poway - July 1, 2008
Jim Lyon, Senior Planner, provided the PowerPoint presentation. On April 5,
2005, the City Council approved DR 05-03 that proposed the construction of a
6, 124-square-foot Train Depot. Subsequent construction estimates placed the
cost of the building over $3 million. In 2007, the City Council asked staff to
come back with a depot design costing no more than $1 million. To that end,
the City CIP engineering staff with assistance from a consulting architect,
developed a scaled down concept of the Train Depot. That concept was
reviewed in a City Council Workshop on November 6, 2007, with City Council
direction to move forward with the design. The proposed modification of DR
05-03 reflects the final design of a 1, 191-square-foot Train Depot, as prepared
by the architect.
Dee Fleischman spoke in support of the project. Earl Krepelin submitted a
speaker's slip in support of the project, but did not wish to speak.
City Council Action: Motion by Deputy Mayor Emery, seconded by
Councilmember Rexford to close the public hearing and adopt Resolution P-
08-13 entitled, "A Resolution of the City Council of the City of Poway,
California, Rescinding Resolution No P-05-23, and Approving Modification to
Development Review 05-03M within Old Poway Park. APN' 314-202-23, 24,
and 25" Motion carried unanimously.
4 Variance (VAR) 08-03, James Cain, Owner. A request for approval to allow a
maximum 9-foot, 8-inch-high retaining wall, with Hoot steel open safety
fencing on top of the wall (total maximum height 12 feet, 8 inches), along the
driveway to the residence, where a maximum 6-foot"high retaining wall is
permitted. This property contains an existing single-family residence and is
located at 14405 Tierra Bonita Road, in the Rural Residential C (RR-C) zone.
The proposed retaining wall will replace a previous wood retaining wall that
was constructed in 1959 and is in need of replacement. (0210-70)
City Council Action: Motion by Deputy Mayor Emery, seconded by
Councilmember Higginson to close the public hearing and adopt Resolution P-
08-14 entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Variance 08-03 Assessor's Parcel Number 321-190-06."
Motion carried unanimously.
Consent Calendar:
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery to approve
the consent calendar consisting of items 5 through 13 as submitted, except item 8
which was pulled by the public for discussion. Motion carried unanimously.
5 Ratification of Warrant Register for the Periods of May 26 through May 30,
2008 and June 2 through June 6, 2008 (0475-20)
9056
Page 5 - City of Poway - July 1, 2008
6 Approval of a Consultant Agreement Between the City of Poway and the
Poway Redevelopment Agency and Boyle Engineering Corporation for As-
Needed Municipal Engineering Services from July 1, 2008, through July 1,
2011 (0700-10)
7 Approval of the Receipt of $8,873 00 from the County of San Diego, Generated
by the Law Enforcement Forfeited Property and Assets Program, to Purchase
Four Bicycles and the Associated Protective Gear and Equipment. (0370-17)
8 Adoption of Resolution No 08-047 Entitled, "A Resolution of the City Council of
the City of Poway, California, 8eclaringthe Intention to Vacate a Portion of
Metate Lane between Community Road and Rick Street (Vacation No. 08-04;"
and Direct the City Clerk to Publish and Post Public Notices. (0780-60)
This item was removed from consent at the request of the public.
Joes St. Lucas spoke and expressed interest in the project.
William Parmley spoke in opposition to staff recommendation. Claudia
Gonzales, Sherry Wikes, and Johnny Gonzales submitted speaker's slips in
opposition to staff recommendation, but did not wish to speak.
Motion by Councilmember Higginson, seconded by Councilmember Boyack to
approve staff recommendation. Motion carried unanimously.
9 Adoption of Resolution No. 08-048 Entitled, "A Resolution of the City Council of
the City of Poway, California, Directing Review of the City of Poway Conflict of
Interest Code," and Resolution No. 08-049 Entitled, "A Resolution of the City
Council of the City of Poway, California, Directing Review of the Poway
Redevelopment Agency Conflict of Interest Code (0720-30)
10. Adoption of Resolution No 08-050 Entitled, "A Resolution of the City Council of
the City of Poway, California, Designating a Voting Delegate and Two Voting
Delegate Alternates to the League of California Cities." (0710-60)
11 Adoption of Resolution No 08-051 Entitled, "A Resolution of the City Council of
the City of Poway, California, Approving the Updated Annual Plan for the
Disadvantaged Business Enterprise Program." (0150-50)
12. Acceptance of the Community Road Improvements at Creekside Plaza Project
(CIP #52001) Bid No. 08-006 from Koch-Armstrong General Engineering, Inc.,
Authorize the City Clerk to File and Record the Notice of Completion; Authorize
the Release of the Retention in the Amount of $5,395 85, Release the North
American Specialty Insurance Company Bond for Mate-rial and Labor for
$44,712.00 and Retain the North American Specialty Insurance Company
Bond.for Faithful Performance for a Period of One Year (0700-10)
9057
Page 6 - City of Poway - July 1, 2008
13 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 (0320-30)
City Attorney Items:
15 CONFERENCE WITH LABOR NEGOTIATOR
AUTHORITY Gov Code Sec. 54957 6
CITY'S NEGOTIATOR: Rod Gould, City Manager
EMPLOYEE ORGANIZATION: Poway Firefighters' Association
There was no reportable action from closed session.
Adiournment:
Mayor Cafagna adjourned the meeting at 10:25 p.m.
~)/~~I'~
Salam Hasenin, City Clerk
City of Poway, California
9058