CC 2008 12-09
City of Poway, California
Minutes of the City Council Meeting
Regular Meeting
December 9,2008
The December 9, 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:
Rod Gould City Manager
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 Public Safety
Todd Frank Sheriff's Captain
PledQe of AlleQiance:
Boy Scout Troop 626 led the Pledge of Allegiance
NOVEMBER 4, 2008 - GENERAL MUNICIPAL ELECTION
1 City Clerk's Certification of Election for the Poway Municipal Election held on
November 4, 2008 (0725-40)
City Clerk Troyan presented the staff report, and announced the November 4,
2008 election results. Out of 28,551 registered voters in Poway, 24,956 voted in
the November election resulting in a voter turnout of 87 41 %, the highest since
1972. The general municipal election was held for the purpose of electing two
(2) members of the City Council of Poway for the full term of four (4) years The
names of persons voted for at said election for Member of the City Council with a
term ending November 6,2012, were
Merrilee Boyack receiving 11,967 votes
Jim Cunningham receiving 11,161 votes
Chuck Cross receiving 6,370 votes
Howard Collins receiving 4,583 votes
Merrilee Boyack was re-elected and Jim Cunningham was elected as Members
of the City Council of the City of Poway for the full term of four years
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City of Poway Minutes- December 9, 2008
Motion by Councilmember Higginson and seconded by Councilmember
Rexford to adopt Resolution No. 08-088, entitled, "A Resolution of the City
Council of the City of Poway, California, Reciting the Fact of the General
Municipal Election Held in Said City on November 4, 2008, Declaring the
Results Thereof and Such Other Matters are Provided by Law." Motion
carried unanimously.
On behalf of the City of Poway, Mayor Cafagna presented a plaque to outgoing
Deputy Mayor Emery in honor of his retirement from the City
Catherine Hill, League of California Cities, San Diego Division, read and
provided a letter from the League honoring Bob Emery and his many years of
service.
Bruce Tarzy welcomed Bob Emery to the ranks of the former Councilmembers.
Mayor and Councilmembers recognized Deputy Mayor Emery for his many years
of service to the city
Deputy Mayor Emery thanked the community, staff, his family and past and
present colleagues for supporting him during his 28 years of service to the City of
Poway
2. Administration of Oath of Office to Councilmembers Boyack and Cunningham by
Linda A. Troyan, City Clerk.
City Clerk Troyan administered the Oath of Office to Councilmember Boyack and
presented her with the Certificate of Election. Councilmember Boyack thanked
her family and supporters on her re-election to the City Council.
City Clerk Troyan administered the Oath of Office to Councilmember-elect
Cunningham and presented him with the Certificate of Election. Councilmember
Cunningham thanked his family and supporters and took his seat on the dais.
Councilmembers Present:
Mickey Cafagna, Jim Cunningham, Don Higginson, Betty Rexford, Merrilee Boyack
3. Selection of Deputy Mayor for 2009
Mayor Cafagna asked for nominations for Deputy Mayor
Motion by Councilmember Rexford and seconded by Council member
Boyack nominating Councilmember Higginson as Deputy Mayor for 2009.
Motion carried unanimously.
Mayor Cafagna called a recess at 7 35 and invited everyone to join the new
Councilmembers for cake. The meeting reconvened at 7'56 p.m. with all
Councilmembers present.
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City of Poway Minutes- December 9, 2008
City Council member Announcements:
Pet of the Week by Councilmember Rexford. Councilmember Rexford introduced
Oksana, a 1 year old pit bull mix, who is awaiting adoption at the Escondido Humane
Society The Adoption Counselor can be reached at (760)888-2247
Public Oral Communications:
There were none
Consent Calendar - Notice to Public:
Motion by Councilmember Rexford and seconded by Deputy Mayor Higginson to
approve the Consent Calendar items 7 through 16. Motion carried unanimously.
7 Ratification of Warrant Register for the Period of November 10 through
November 14, 2008. (0475-20)
8 Approval of Minutes - City Council
November 18 Regular
10 Adoption of Resolution No 08-086 of City of Poway Commending Eagle Scout
Matthew E. Ward (0710-40)
11 Adoption of Resolution No 08-087 of City of Poway Commending Eagle Scout
Ryan Hegstad. (0710-40)
12. Approval to use $755,656 16 from the 2008-09 Appropriation of Proposition 1 B
Funds for the 2009-10 Street Maintenance Overlay and Slurry Program.
(0820-25)
13. Acceptance of the Park ADA Barrier Removal Project from Triad Construction;
Authorize the City Clerk to file and record a Notice of Completion; Release the
Public Work Bond for Material and Labor/Public Work Bond for Faithful
Performance #727295P for $55,900 00; and Authorize the release of the 10%
retention in the amount of $5,807.60, if unencumbered, forty-five (45) days
after filing the Notice of Completion. (0700-10)
14. Adoption of the 2009 Calendar of Canceled City Council Meetings/Modification
to Meeting Schedule. (0710-90)
15. Authorization to Post the Local Appointments List of City Council Appointed
Advisory Committee Vacancies for Calendar Year 2009 (0740-75)
16 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)
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City of Poway Minutes- December 9, 2008
Public HearinQs:
4 Ordinance No 685 - First Reading, Entitled: "An Ordinance of the City of
Poway, California, Amending Title 17, Zoning Ordinance, of the PMC,
Pertaining to Fencing and Gates in Residential Zones and Fencing
Requirements for Semi-Public Uses in Residential Zones." (ZOA 08-09)
(0200-85)
Oda Audish, Associate Planner, presented the report.
Speaking in Support: Bruce Tarzy, representing Green Valley Civic
Association.
City Council Action: Motion by Councilmember Boyack and seconded
by Council member Rexford to close the public hearing, introduce the
ordinance for first reading by title only, waive further reading and
schedule the second reading and adoption of the ordinance for the
January 6, 2009 meeting. Motion carried unanimously.
5 Approval of MCUP 07-05, VAR 08-08; DR 08-06, A request for a gas station
with a mini-market at 13012 Pomerado Road, and a Variance request to allow
parking spaces to observe a 10-foot front yard setback where 20 feet is
required. APN: 317-153-08 (0210-50)
Oda Audish, Associate Planner, gave an overview of the project.
Public Speakers: None.
Councilmember Boyack left her seat on the dais at 8.24 p m.
City Council Action: Motion by Council member Boyack and seconded
by Deputy Mayor Higginson to close the public hearing and adopt the
Resolution No. P-08-35 entitled, "A Resolution of the City Council of the
City of Poway, California, Approving Minor Conditional Use Permit 07-05,
Development Review 08-06 and Variance 08-08, Assessor's Parcel
Number 317-153-08." Motion carried 4-0 with Councilmember Boyack
absent from the dais.
Workshop:
6 Pavement Management Program Workshop (0820-25)
Taniya Barrows and Jeff Beers gave a PowerPoint presentation on the
Pavement Management Program highlighting street network statistics,
maintenance strategy, historical spending, the pavement condition index,
future spending, and continual analysis.
Councilmember Boyack returned to the dais at 8:28 p.m.
Council consensus to set a service level goal of between 75 and )30
Pavement Condition Index for streets in Poway.
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City of Poway Minutes- December 9, 2008
City ManaQer Item:
17 City Manager Gould reported as a result of an earlier action on the consent
calendar, City Council meetings will be held on the 1st and 3rd Tuesday
beginning in January with the possibility of scheduling a third meeting if
necessary
City Attorney Item:
18 City Attorney Foster announced Council met earlier this evening in Closed
Session, Conference with Legal Counsel - Existing Litigation, Gov't Code
Section 549569(a), Name of Case. City of Poway v Henry BRose, et ai,
SDSC, Case No 37-2008-00094039-CU-MC-CTL, and direction was given to
staff; no reportable action.
Mayor and City Council-Initiated Items:
19 JIM CUNNINGHAM - Thanked staff for the orientation to the City and
welcoming him into the Poway family
21 BETTY REXFORD - Suggested staff look into the City of Solana Beach's
BEACH database software program for planning and building.
Adiournment
The meeting adjourned at 8'53 p.m.
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