CC 2008 08-19
City of Poway, California
Minutes of the City Council
Regular Meeting
August 19, 2008
The August 19, 2008, Regular Meeting of the City Council of the City of Poway was called to
order at 7'05 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center
Drive, Poway, California.
Councilmembers Present
Mickey Cafagna, Bob Emery, Don Higginson, Betty Rexford
Councilmembers Absent
Merrilee Boyack
Staff Members Present
Rod Gould City Manager
Penny Riley Assistant City Manager
Lisa Foster City Attorney
Salam Hasenin City Clerk
Robert 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
Frank Casteleneto City Engineer
Patti Brindle City Planner
Pledqe of Alleqiance
Deputy Mayor Emery led the pledge of allegiance
City Councilmember Announcements
1 Mayor Cafagna. Resolution Opposing Proposals by the State Legislature to "Borrow"
Local Government Redevelopment and Transportation Funds. (0740-55)
Mayor Cafagna spoke on the State budget. The League of California Cities has asked
its members to adopt a resolution opposing proposals which include the State of
California "borrowing" local government, redevelopment, and transportation funds to
balance the State budget. Borrowing these funds to close the $15.2 billion budget gap
is fiscally irresponsible and will only deepen the structural deficit the State faces,
City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember
Rexford, to adopt Resolution No 08-069 entitled, "A Resolution of the City Council of
the City of Poway, California, Opposing State Budget Proposals which Include the State
of California "Borrowing" Local Government, Redevelopment, and Translfiortation
Funds." Motion carried 4-0 with Councilmember Boyack absent. 07
Page 2 - CITY OF POWAY - August 19, 2008
City Councilmember Announcements (continued)
. Poway Bob's Restaurant Review Deputy Mayor Emery reviewed the
O'Harley's Bar and Grill located at 13437 Community Road in the Wal-Mart
Center
. Pet of the Week by Councilmember Rexford. Councilmember Rexford
introduced a picture of Smudge, a female cat, who is awaiting adoption at the
Escondido Humane Society The Adoption Counsel can be reached at (760)
888-2247
Presentations
Presentation of Proclamation to the Poway Kiwanis Club congratulating them on their 35th
Anniversary Deputy Mayor Emery made the presentation to Kiwanis Club President Milt
Gaebler
Public Oral Communications
Ed Schaefer and Bonnie Constable spoke on the improvements being done on Espola Road
and the impact on traffic.
Ed Carboneau expressed concerns about the status of Poway as a tourist attraction in San
Diego County
Continued Public Hearinqs
2. Ordinance No 677 - Second Reading Entitled, "An Ordinance of the City of Poway,
California, Amending Chapter 8 76 of the Poway Municipal Code by Amending Section
876010; Adding Section 8.76015, Amending Section 8.76020; Amending Section
876.030; Adding Section 876035, Amending Section 8.76040, Amending Section
8 76 050; Amending Section 8 76 090; Amending Section 8.76 110 and Amending
Section 8 76 130, All Concerning Defensible Space, Vegetation Management and
Waste Accumulations," Additionally, Staff Recommends the Adoption of Two
Concurrent Resolutions Entitled:
a. "A Resolution of the City Council of the City of Poway, California,
Adopting a Wildfire Defensible Space Program Policy"
b "A Resolution of the City Council of the City of Poway, California
Amending the Appeal Fee Contained in the Master Schedule of Fees."
(0330-65)
Kevin Kitch, Safety Services Division Chief, provided the report. The first reading of this
proposed ordinance was held on August 5, 2008 Staff was directed to make one
modification to the proposed amendments to Chapter 8 76 of the PMC regarding
timelines for compliance. The proposed ordinance was submitted in a strikeout version
to highlight the change. The report also addressed community concerns regarding
firebreaks, the ability to perform in excess of 100 feet of fuel reduction, and foreclosure
properties. 9077
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Dee Fleischman spoke in support of this item, and asked that the tree care pamphlets
be distributed by various means through the community
Nick Stavros opposed having the same people performing the audit, inspection, and
enforcement and suggested a review committee.
City Council Action: Motion by Deputy Mayor Emery and seconded by
Councilmember Higginson to close the public hearing, waive further reading, and adopt
Ordinance No 677 as titled above, by a roll call vote and adopt two concurrent
resolutions Nos. 08-070 and 08-071 as titled above respectively Motion carried 4-0
with Councilmember Boyack absent.
Public Hearinqs
3 General Plan Amendment (GPA 08-01) Adoption of the 2005-2010 Housing Element
Update and Related GPA 08-02 Amending the Land Use Element. (0220-30)
Patti Brindle, City Planner, presented the staff report. The Housing Element is one of
seven required Elements of the General Plan. State law mandates that this Element
be updated at least every five years. This update covers the 2005-2010 planning
period. Staff is also recommending modifications to the Land Use Element for
consistency with the recommended Housing Element.
Mike Fry opposed this item because the State is imposing demands into the City's
housing and development plans, including increased density and growth.
Dee Fleischman was similarly opposed to this item.
Nick Stavros opposed the State's mandates on building housing particularly given the
impacts on the City including increased water needs.
Joe St. Lucas spoke on concerns of increased affordable housing but supported three
story buildings.
Lynette Perks opposed the three story buildings and is concerned of additional
affordable housing increasing the City's need for water
Tom Scott, representing San Diego Housing Federation, supported the Housing
Element as submitted.
City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember
Higginson, to close the public hearing and adopt Resolution No 08-072 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving General Plan
Amendment 08-01 Adopting the 2005-2010 Housing Element Update and General
Plan Amendment 08-02 Approving Related Amendments to the Land Use Element of
the General Plan." Motion carried 3-1 with Councilmember Rexford voting "No"
and Council member Boyack absent.
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4 Environmental Assessment, Conditional Use Permit 08-01, Development Review 08-
02, and Variance 08-07, City of Poway, Applicant: A request to construct an
approximate 1, 120-square-foot water replacement pump station and related 35-foot-tall
antenna to allow a secure method of remotely controlling the facility located at 15197
Espola Road, in the Rural Residential B (RR-B) zone The application includes a
request for a Variance approval to observe a O-foot street side yard setback from the
former High Valley Road right-of-way when a 20-foot setback is required in the zone
APN: 321-030-71 (0210-30)
Jim Lyon, Senior Planner, presented the staff report. The original High Valley Pump
Station was constructed in 1956 The facility has remained basically unchanged since
its construction and is in need of replacement. The City is proposing the construction of
an approximate 1, 120-square-foot water pump station building and updated equipment
to replace the existing facility The project also includes the installation of a 35-foot- tall
SCADA telemetry antenna to provide a more secure method of turning the equipment
on and off during an emergency A Variance is also requested to observe a O-foot
street side yard setback from the former High Valley Road right-of-way when a 20-foot
setback is required in the zone.
Leonard Schumacher said he is the owner of the 40 foot easement where this project is
proposed. He has not given permission for this project to go forward on his land.
Buford Miller opposes the City's position that Mr Schumacher is not the rightful owner
saying there is an honest dispute here.
Lisa Schumacher spoke on the title report history and urged the City Council to get their
own expert to determine the rightful owner
City Council Action: Motion by Deputy Mayor Emery and seconded by
Councilmember Higginson to close the public hearing and conditionally adopt
Planning Resolution No P-08-18 entitled, "A Resolution of the City Council of the City
of Poway, California, Approving Conditional Use Permit 08-01, Development Review
08-02 and Variance 08-07 Assessor's Parcel Number 321-030-71 Approval is
conditioned upon staff obtaining a title policy with plotted easements to ensure the City
has rights to use the easements for the proposed improvements prior to proceeding.
Motion carried 4-0 with Councilmember Boyack absent.
5 Conditional Use Permit 08-02; Kathryn Holt, Poway Adult Day Health Care Center,
ApplicanUCochran Family Trust, Owner. A request to establish and operate an adult
day care business serving up to 90 clients in the building located at 12250 Crosthwaite
Circle, on property that is zoned South Poway Planned Community and has a land use
designation of Light Industrial. (0210-30)
Carol Rosas, Associate Planner, presented the staff report. This is a request for
approval of a Conditional Use Permit to operate an adult day care center in an industrial
building located at 12250 Crosthwaite Circle. The property is zoned South Poway
Planned Community and has a land use designation of Light Industrial. A day care use
is permitted on the site with the approval of a Conditional Use Permit.
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Steven Swedell, Poway, representing business and property owner at 12267
Crosthwaite, said he was concerned with increased traffic and suggested placing an all-
way stop at Crosthwaite and Stowe Drive to slow vehicle speeds.
City Council Action: Motion by Deputy Mayor Emery, seconded by Council member
Rexford, to close the public hearing and adopt Planning Resolution No 08-19 entitled,
"A Resolution of the City Council of the City of Poway, California, Approving
Conditional Use Permit 08-02 Assessor's Parcel Number 317-810-16," with direction to
staff to study the possibility of installing an all-way stop sign at the intersection of
Stowe Drive and Crosthwaite Circle Motion carried 4-0 with Councilmember
Boyack absent.
Staff Report
6 Approved the Reconsideration of the Building-Related Application Fee Waiver Policy for
Property Owners Affected by the Witch Creek Fire (0490-15)
Staff recommended a modification to the building-related fee adjustments that were
approved in November 2007 for properties affected by the Witch Creek Fire, to further
lessen the financial impact of rebuilding
There were no public speakers on this item.
City Council Action: Motion by Councilmembner Higginson, seconded by Deputy
Mayor Emery, to close the public hearing and adopt Resolution No 08-073 entitled, "A
Resolution of the City Council of the City of Poway, California, Declaring Property
Owners Affected by the Witch Creek Fire to be Eligible for Certain Permit Fee Waivers
and Rescinding Resolution No. 07-082." Motion caried 4-0 with Councilmember
Boyack absent.
Workshop
7 Workshop on Proposed Update to Development Impact Fees. (0490-15)
Without City Council discussion, this item was continued to the City Council meeting of
September 9, 2008, at the request of staff.
Consent Calendar
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to approve the
Consent Calendar consisting of items 8 through 10 and 12 through 13 Motion carried 4-0 with
Councilmember Boyack absent. Item 11 was removed from the Consent Calendar at the
request of a member of the public and was heard separately
8 Ratification of Warrant Register for the Periods of July 14 through July 18, 2008 and
July 21 through July 25, 2008 (0475-20)
9 Acceptance of City Investment Report as of June 30, 2008 (0450-80)
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Consent Calendar continued:
10 Award of Contract for Pool Equipment Repair and Maintenance Services to Knorr
Systems, Inc, RFP 08-028, in the amount not to exceed $12,000 for the first year
(0700-10)
11 Award of Bid for the Titan and Espola Left-Turn Lanes Project (CIP#5282) Bid No 08-
029 to Rentex Construction Inc., The lowest possible bidder, in the amount of
$273,576 (0700-10)
Daniel Krall, Poway, requested this item be removed for discussion. He opposed this
project saying it does not solve the traffic problems it is addressing
City Council Action: Motion by Deputy Mayor Emery, seconded by Councilmember
Higginson, to award the bid as recommended by staff and to allow staff to consider
additional signage or street markings if needed. Motion carried 4-0 with
CouncilmemberBoyack absent.
12. Adoption of Resolution No 08-068 Entitled, "A Resolution of the City Council of the City
of Poway, California Authorizing the Examination of Sales, Use, and Transaction Tax
Records." (0790-90)
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)
Mayor and City Council-Initiated Items
18 BETTY REXFORD
A. Request Council Concurrence to appoint a member to the Poway Housing
Commission.
City Council Action: Councilmember Rexford requested and received Council's
concurrence to appoint Ryan Tarzy to the Poway Housing Commission.
20 MICKEY CAFAGNA
A. Report on Regional Fire Protection Committee Recommendations.
Mayor Cafagna provided an update on the parcel tax proposition being placed on
the November 4, 2008 ballot to provide funding for firefighting equipment throughout
the County He requested Council's support.
City Council Action: The City Council directed staff to bring a resolution to the
Council at a future meeting
Adiournment
Mayor Cafagna adjourned the meeting at 9:25 p.m. Xl?n~fLe ~Lt0
L. Diane Shea, Interim City Clerk
City of Poway, Cgl!f81nia