CC 2008 11-18
City of Poway, California
Minutes of the City Council Meeting
Regular Meeting
November 18, 2008
The November 18, 2008, Regular Meeting of the City Council of the City of Poway was
called to order at 7'03 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, Merrilee Boyack
Staff Members Present:
Penny Riley Assistant City Manager
Lisa Foster City Attorney
Linda A. Troyan City Clerk
Robert Manis Director of Development Services
Robert Clark Director of Community Services
Kevin Haupt Director of Public Works
Dena Fuentes Director of Redevelopment Agency
Tina White Director of Administrative Services
Mark Sanchez Director of Safety Services
Todd Frank Sheriff's Captain
Frank Casteleneto City Engineer
Patti Brindle City Planner
Jason Martin Senior Planner
Carol Rosas Associate Planner
Ingrid Alverde Housing Program Manager
Kristen Crane Water Conservation Specialist
Tony Winney Senior Management Analyst
Pledge of Allegiance
Councilmember Rexford led the Pledge of Allegiance
City Councilmember Announcements'
Poway Bob Restaurant Review Deputy Mayor Emery reviewed the restaurant
"Kountry Kale", formerly known as an "A & W " restaurant, located at 13715 Poway
Road.
Pet of the Week by Councilmember Rexford. Councilmember Rexford announced
Skye, a five year old neutered male terrier, who is awaiting adoption at the Escondido
Humane Society The Adoption Counselor can be reached at (760)888-2247
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Presentations
Deputy Mayor Emery reported on League of California Cities Annual Conference in
Long Beach
Bob Manis, Director of Development Services, presented 30-year Service Award to Jim
Lyon, Senior Planner
Robert Clark, Director of Community Services, presented 25-year Service Award to
Kelley Clark, Recreation Supervisor
Robert Clark, Director of Community Services presented 20-year Service Award to
Leslie Souza, Recreation Leader I
Public Oral Communications
Joe St. Lucas questioned why a proclamation for National Domestic Violence month
had not been on an agenda and complained about landscape maintenance being
allowed early on a Sunday morning
Gerold Firl, Nick Kellar, Stephanie Kellar, and Mike Rybak spoke in opposition to the
removal of the sycamore trees in Rattlesnake Creek's south bank.
Consent Calendar - Notice to Public
Motion by Deputy Mayor Emery and Seconded by Councilmember Rexford, to
approve the Consent Calendar Items except Item 10 which was pulled for
discussion by a member of the public. Motion carried unanimously.
8 Ratification of Warrant Register for the Periods of September 29 through October
3,2008, October 6 through October 10, 2008; October 13 through October 17,
2008; and October 20 through October24, 2008 (0475-20)
9 Acceptance of the City Investment Report as of September 30, 2008. (0450-80)
11 Approval of Minutes - Redevelopment Agency
October 7 Regular
October 14 Regular
October 21 Canceled
November 4 Canceled
November 11 Canceled
12. Adoption of Resolution No 08-080 Entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Program Supplement Agreement No
N012 and Authorizing the City Manager to Execute Said Agreement." (0700-10)
13 Award of Contract to Paso Robles Tank Inc. for the Skyridge No 1 and Boca
Raton No 1 Reservoir Upgrades Project (CIP #1742) Bid No 09-006, the lowest
responsible bidder, in the amount of $1,350,75385, and appropriate $621,000
from the Water Fund unappropriated fund balance (0700-10)
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14 Acceptance of the Adobe Ridge Park Playground Renovation Project from Triad
Construction, Authorize the City Clerk to File and Record the Notice of
Completion, Authorize the release of the Public Work Bond for Material and
Labor/Public Work Bond for Faithful Performance # 728318P for $55,796 00; and
Authorize the Release of the 10% Retention in the Amount of $5,57963, if
Unencumbered, Forty-Five (45) days after Filing the Notice of Completion.
(0700-10)
15 Approval of an Agreement between the City of Poway and Financial Credit
Network, Inc. for the Provision of Collection Agency Services (0700-10)
16 Approval of an Agreement between the City of Poway and DCSE, Inc. for the
WaterNVastewater System GIS Data Conversion Project. (0700-10)
17 Final Acceptance of the Lake Poway Modular Building Project (#1545) Bid No.
08-011 from DRV Modular Contractors, Inc., Authorize the City Clerk to File and
Record the Notice of Completion, Authorize the release of the retention in the
amount of $36,41753, if unencumbered, 45 days after filing the Notice of
Completion; Release the Nationwide Mutual Insurance Company Bond for
Material and Labor for $324,356 03, and Retain the Nationwide Mutual Insurance
Company Bond for Faithful Performance for a Period of One Year (0700-10)
18 Approval of Proposed New Position of Stormwater Program Administrator
(0510-20)
19 Adoption of Resolution No 08-081 - Approval of Revised Compensation Plan
and Revised Classification Specifications for Fire Management Classifications
(0510-20)
20 Resolution No. 08-082 - Approval of Memorandum of Understanding with the
Safety Bargaining Unit Effective July 1, 2008 and Approval of Revised
Classification Specifications. (0700-50)
21 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)
Continued Public Hearings:
1 Ordinance No. 679 - Second Reading, Entitled "An Ordinance of the City of
Poway, California, Amending Chapters 1704, 1708 and 1752 Pertaining to
Accessory Buildings and Structures (lOA 08-02) " (Item Continued from the
September 23, 2008 City Council Meeting) (0210-80)
Dee Fleischman questioned sections of the ordinance Director of Development
Services Manis responded to her concerns.
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City Council Action: Motion by Councilmember Rexford and Seconded by
Councilmember Boyack to close the public hearing; waive further reading;
and adopt Ordinance No. 679 by a roll call vote. Motion carried
unanimously.
10 Approval of Minutes - City Council
October 7 Regular
October 14 Regular
October 21 Canceled
November 4 Canceled
November 11 Canceled
Dee Fleischman believed the minutes mischaracterize public comment.
City Council Action: Motion by Deputy Mayor Emery and Seconded by
Councilmember Rexford to Approve Consent Calendar Item No. 10. Motion
carried unanimously.
2. Ordinance No 681 - Second Reading, Entitled: "An Ordinance of the City of
Poway, California, Amending Section 1248.250 of the Poway Municipal Code to
add One Additional Property " (0910-20)
City Council Action: Motion by Higginson and Seconded by
Councilmember Rexford to close the public hearing; waive further reading;
and adopt Ordinance No. 681 by a roll call vote. Motion carried
unanimously.
Public Hearings:
3 Ordinance No 682 - First Reading, Entitled "An Ordinance of the City of
Poway, California, repealing Ordinance No. 408 and Enacting Chapter 8 94 of
the Poway Municipal Code Entitled, 'Water Conservation Plan' " (0930-10)
Kristen Crane, Water Conservation Specialist, presented the report and
responded to questions of Council.
Mike Fry and Connie Messina spoke in opposition.
City Council Action: Motion by Deputy Mayor Emery and Seconded by
Councilmember Boyack to waive further reading of the Ordinance; and
continue the public hearing to December 2, 2008 for second reading and
adoption of the Ordinance. Motion carried unanimously.
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4 Tentative Parcel Map (TPM) 06-02; Don Ayles, ERB Engineering,
ApplicanUSteven and Holly Malo, Owners A request to subdivide a 0 62-acre
parcel located at 13659 Somerset Road, within the Residential Single-Family 7
zone and the Old Poway Specific Plan area, into two lots. APN 314-242-06
(0200-50)
Patti Brindle, City Planner, provided the report.
Don Ayles represented the applicant and spoke in support. He noted there were
no poles on the property
Holly Malo, Steve Malo and Brian Cooper submitted speaker slips in support of
the project but did not wish to speak on the item.
Danny Gallipoli spoke in opposition and recommended undergrounding the
electrical.
City Council Action: Motion by Deputy Mayor Emery and Seconded by
Councilmember Rexford to close the public hearing; and adopt resolution
No. P-08-29 entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Tentative Parcel Map 06-02 Assessor' Parcel Number
314-242-06." Motion carried unanimously.
5 Variance (VAR) 08-09; Crook Family Trust, Applicant: A Request for a Variance
Approval to allow a Wall Located on Wiley Court, along the Westerly Limits of the
Crook Subdivision Boundary, to be reconstructed to a Height of 7 Feet, 8 Inches
when the Maximum Height Permitted in the Residential Single-Family 7 Zone is 6
Feet. APNs: 314-241-36 and 38 (0210-70)
No speakers.
City Council Action: Motion by Council member Higginson and Seconded
by Councilmember Rexford to close the public hearing; and adopt
resolution No. P-08-30 entitled, "A Resolution of the City Council ofthe City
of Poway, California, Approving Variance 08-09 Assessor's Parcel Numbers
314-241-36 and 38." Motion carried unanimously.
Staff Report:
6. Development Review (DR) 08-04, Community Housing Works, Applicant: A
Request for Approval of a New 600-Square-Foot Community Building, and a
Major Exterior Renovation of an Existing 52-Unit Apartment Complex Located at
12509 Oak Knoll Road, in the Residential Apartment (RA) zone APN 317-550-05
(0200-20)
Jason Martin, Senior Planner, gave the report.
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Dee Fleishman recommended the last sentence in item no 8 on page 3 of the
Resolution be amended to included "and maintained" after provided.
City Council Action: Motion by Councilmember Rexford and Seconded by
Deputy Mayor Emery to Adopt Resolution No. P-08-31 entitled, "A
Resolution of the City Council of the City of Poway, California, Approving
Development Review 08-04 APN 317-550-05" as amended. Motion carried
unanimously.
Workshop:
7 Review a Concept Design for a Passive Park Utilizing the Big Stone Lodge and
Adjoining Structures APNs. 317-232-22 and 36 (0270-10)
Jim Lyon, Senior Planner, gave an overview of the proposed design.
Mike Fry spoke in opposition advising he would like to see the building rebuilt in a
different location.
Roger Mohling expressed a neutral opinion suggesting to keep the stones and if
possible in the future reinvigorate the building
Jim Hagey representing Sea to Sea Trail Foundation requested Council delay a
decision on the site at this time to allow his Foundation and others to submit an
alternative proposal to a passive park, e g a bed and breakfast.
City Council Action: Motion by Councilmember Higginson and Seconded
by Deputy Mayor Emery to remove from calendar and schedule appropriate
date in the future to move forward with the project. Motion carried
unanimously.
Mayor and City Council-Initiated Items:
24 BOB EMERY
A. Preserve America Community
City Council Action: Consensus to have Mayor Pro Tem Emery apply for
"Preserve American Community" status for the City of Poway.
25 DON HIGGINSON
26 BETTY REXFORD
Mayor and Councilmembers congratulated Councilmember Boyack on
her reelection to the City Council and congratulated Jim Cunningham
on his election. They also wished her good health.
27 MERRILEE BOYACK
Councilmember Boyack thanked the voters for reelecting her to the City
Council as she is looking forward to four more years of service. She
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City of Poway Minutes- November 18, 2008
also congratulated Jim Cunningham on his election to the City Council
and wished Deputy Mayor Emery well in his retirement.
28 MICKEY CAFAGNA
A. Honorary Naming of the City Council Chambers Building in Recognition of
28 Years of Service by Deputy Mayor Robert C Emery
Lani Smith suggested Poway Dog Park be named after Bob Burkhardt who
recently passed away and was instrumental in obtaining the dog park as well
as teaching dog obedience classes at the park.
Dee Fleishman concurred with the naming of the Poway Dog Park after Bob
Burkhardt.
Discussion of naming of the Poway Dog Park to be on a future agenda.
Council member Rexford urged the need for a policy for naming facilities, etc.
City Council Action: Motion by Councilmember Higginson and
Seconded by Councilmember Boyack to approve the Honorary Naming
of the City Council Chambers Building in Recognition of 28 Years of
Service by Deputy Mayor Robert C. Emery. Motion carried 4-1 Deputy
Mayor Emery abstained.
Adjournment
The meeting adjourned at 9:11 p.m. in memory of Bob Burkhardt.
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