CC/RDA 2009 09-01 Minutes
Poway City Council
Poway Redevelopment Agency
Council Chambers
13325 Civic Center Drive
Poway, California
September 1, 2009
and
Teleconference Location (Councilmember Rexford)
The Julie & Kevin Rexford Residence, 7540 Dallas Court
Las Vegas, Nevada 89139
The Regular Meeting of the Poway City Council and Poway Redevelopment Agency
was called to order by Mayor Higginson at 7:12 p.m.
Mayor Higginson announced three Councilmembers were present and Councilmember
Rexford would be teleconferencing into the meeting. This is in accordance with
Government Code Section 54953 and all legal requirements have been met.
Roll Call: Kruse, Higginson, Cunningham, Rexford (via Teleconference)
Absent: Boyack
Staff Members Present:
Rod Gould City Manager/Executive Director
Penny Riley Assistant City Manager/Asst. Executive Director
Lisa Foster City Attorney/Agency Counsel
Linda A. Troyan City Clerk/Secretary
Steve Didier Director of Administrative Services/Treasurer
Bob Manis Director of Development Services
Dena Fuentes Director of Community Services/Redevelopment
Leah Browder Director of Public Works
Mark Sanchez Director of Safety Services
Lori Ross Sheriff's Department, Lieutenant
(Note: Hereinafter the titles Mayor, Deputy Mayor, Councilmernber, City Manager, City Attorney,
and City Clerk shall be used to indicate Mayor/Chair, Deputy Mayor/Deputy Chair,
Councilmember/ Director, City Manager/ Executive Director, Asst. City Manager/Asst. Exec.
Director, Dir. of Redev. Services/Deputy Exec. Director, Dir. of Admin. Services/Treasurer, City
Attorney/Agency Counsel and City Clerk/Secretary.)
Pledge of Allegiance: Tom Brenton, VFW Life Member, Poway Post 7907
City Councilmember Announcements: None.
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City of Poway Minutes— September 1, 2009
Presentation:
Deputy Mayor Kruse presented a Proclamation to Tomas Lopez, Partnership
Specialistwith the US Census Bureau, proclaiming April 1, 2010 as Census Day.
Public Mearing:
4. Environmental Assessment and a Modification to Major Use Permit (MUP)
P74-146M(2), Development Review (DR) 08-08, Variance (VAR) 08-12, Minor
Conditional Use Permit (MCUP) 09-01, Underground Waiver (UW) 09-01, and
Tentative Parcel Map (TPM) 09-01;Expansion of St. Gabriel's Catholic
Church; Roman Catholic Diocese of San Diego/St. Gabriel's Catholic Church
Owner/Applicant. The Church is at 13734 Twin Peaks Road in the
Residential Single-Family 2 zone. The project invoives an approximate
23,000-square-foot addition to the existing church consisting of a new 1,000-
person capacity worship space, an office and kitchen addition, a new youth
center, and an expanded parking lot. The project also includes a Variance to
allow retaining wall heights up to 8 feet, which exceed the maximum 6-foot
height allowance; a Minor Conditional Use Permit to allow the temporary use
of two pre-fabricated metal shipping containers for storage during
construction; a request for an Underground Waiver to be exempted from the
requirement to underground existing overhead utilities on Budwin Lane; and a
Tentative Parcel Map. (0210-50)
Jason Martin, Senior Planner, outlined the project via a PowerPoint
presentation.
Public Speakers Opposed: Kevin Reeves, Karyn Boulais, Brad Boulais,
Pam Naiman, Justin Massie, Jordan Massie
Submitted a Speaker Slip in Opposition but Did Not Speak: Amanda
Rickert
Submitted a Speaker Slip as Neutral but Did Not Speak: Suzanne Emery
(Representing Friends of the Kumeyaay)
Public Speakers in Support: Terese Ghio, Philip Butzen, Gary Ghio,
Reverend Froidure
In Support but Did Not Speak: William Racicot, Dan D. Galang, Diana
Augustine, Paul Chan, M. Giulianotti, Caroll O. Guiterrez, Santiago
Martinez, Leon J. Matteucci, Sarah Jones, Blanca Aranjo, Martin Aranjo,
Alice Arnold, Alan R. Johnston, Mary Romag, Pamela Oliva, Jan
Wakelin, Eddie Reyes, Daniel C. Torres, Patsy Robles, Joyce Russell,
Edward S. Oliva, Donald Jeffo, Claire Markowitz, Josephine Giesing,
Donald Giesing, James Cavanaugh, Michael Royce, Agatha Jeffo,
Robert Pineault, Janet Pineault, Jeffrey Healy, Susan Healy, Joe Healy,
Mary Stonecipher, Kris Amundson, Kay Heinen, John Heinen, Lee
Haviland, Mike Ward, Anita Kerr, Lynn Ward, Ernest Robles, Paula
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City of Poway Minutes— September 1, 2009
Engelbrecht, Roger Engelbrecht, William Engelbrecht, Steve Cobb,
Kirsten Worthington, Sarah Worthington, Michelle Winkenwerder, Mary
Cox, Debbie Mammen, Samantha Shaw, Mary Shaw, David P. Himchak,
Donna T. Harris, Carol Risher, Robert Lang, Inez Lang, Janet Troy,
Patrick Herndon, Guy Ricciardulli, Dick Horne, Nancy G. Horne, Bob
Troy, Lynn Malone, Harlan Malone, Linda Cohen, Steven Cohen, Rosa
Santos, Nelly Vivas-Cruz, Nancy Gonzalez, Eduardo Valencia,
Guadalupe Sacristan, Severiano Baranda, Irma Guerra, Elena Mick, Mark
Mick, Martha Vargas, Elizabeth Valencia, Carlos Torres, Dora Stepanian,�
Aura Pantalion, Irene Bogdanski, Evangeline Reyes, George Wilson,
Annette Wilson, Kathleen Szoka, Patricia Farrell, Michael Fertress,
Analleli Martinez, Raul Martinez, Patricia Farrell, Suzanne Gordon,
Georgia Catton, Rita Rast, Bob Rast, Maria Luisa Sacristan, Linda
Flores, C. Goldsmith, R. Tyler Given, Barbara Given, Cecilia DeFabio,
Joseph Martin, Patricia Martin, James Reams, Lourdes Reams, Ana
Torres, Angela Martinez, Deborah Seagle, Amanda Seagle, John
Augustine, Robert Mond, Mary Mond, Melanie Macasa, Alejandra
Chamu, Juana Baranda, James McBride, Perfecto Baranda, Melina
Rissoue, Barbara Nugent, Cynthia Elizondo, John Rissoue, Joyce May,
Melinda Casteloes, Ramona Wilson, Mary Francella, Charito Verdugo,
Paula Pedroza, Jim Francella, G.K. Anderson, Annie Anderson, Joan
Rogers, Shelia Racicot, John Rogers, Kevin Harrington, Jim Faaborg,
Delora Faaborg, Joan Friesenhahn, Stanley Friesenhahn, Debbie
Faaborg, Ruth Pastus, Michelle Jervis, Larry Jervis, Linda Embury,
Steven Embury, Maria Young, Dan O'Mahoney, Bernie O'Mahoney,
Frank Bormahn, William Young, Don Houser, Marilyn Houser, MichaEi
Romag, Tony Mdifor, Alan Torretto
Motion by Councilmember Cunningham, seconded by Councilmember
Rexford, to close the public hearing; and approve the Mitigated Negative
Declaration; and adopt Resolution No. P-09-29 entitled: "A Resolution of
the City Council of the City of Poway, California, Approving Major Use
Permit P 74-146M(2); Development Review 08-08, Variance 08-12, Minor
Conditional Use Permit 09-01, and Tentatiye Parcel Map 09-01 and
Approve Underground Waiver 09-01 Assessor's Parcel Numbers: 314-
651-05, 10, 15, 16, 17, 18 and 19." Motion carried by the following roll-
call vote:
Aye: Cunningham, Rexford (via Teleconference), Kruse,
Higginson
Noes: None
Absent: Boyack
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City of Poway Minutes— September 1, 2009
Presentations:
Presentation by San Diego Housing Federation Honoring the City of Poway as
Government Partner of the Year — Tom Scott presented to the City.
SANDAG 2050 Regional Growth Forecast (Presentation by SANDAG Staf� — Ed
Schaefer, Demographic Specialist, gave the presentation.
Public Oral Communications:
Dee Fleischman spoke about a recent lawsuit settlement and Councilmember
Rexford.
Ed Carboneau supported Councilmember Rexford and her recent lawsuit.
Steve Vaus spoke about the recall efforts against Councilmember Rexford and
urged her to resign from office.
Gerald Vale urged Councilmember Rexford's resignation and spoke about recall.
Chuck Cross spoke about water in California.
Clariece Tall asked Councilmember Rexford to step down and avoid another
$500,000 cost to the City.
Cindi Mahe� urged Councilmember Rexford to step down and avoid a recall
election.
Andrea Stadlin hoped Council would reconsider their position of asking
Councilmember Rexford to resign.
Richard Skinner spoke about his recent i�teraction with the Poway Sheriff's
Department.
Consent Calendar - Notice to Public: (Approved by Roll-Call Vote)
Motion by Deputy Mayor Kruse, seconded by Councilmember Cunningham to
approve Consent Calendar Items 7-15, except Item 10 which was removed from
the Consent Calendar. Motion carried by the following roll-call vote:
Aye: Kruse, Higginson, Cunningham (abstained on item 15),
Rexford (via Teleconference)
Noes: None
Absent: Boyack
7. Approval of Reading by Title only and Waiver of Reading in full of Ordinances
on Agenda.
8. Ratification of Warrant Registers for the period July 27 through July 31, 2009
and August 3 through August 7, 2009: (0475-20)
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City of Poway Minutes— September 1, 2009 _
9. Approval of Minutes — City Council/Redevelopment Agency
August 18 Regular
11. Acceptance of the Poway Road Administration Building Title 24 Upgrade
Project, Bid No. 09-008 from Triad Construction as complete; Authorize the
City Clerk to file and record the Notice of Completion; Authorize the release of
the retention in the amount of $4,360.10, if unencumbered, 45 days after filing
the Notice ofCompletion; Release the Material and Labor bond in the amount
of $33,133.00, and retain the bond for Faithful Performance for a period of
one year. (0700-10)
12. Acceptance of the Oak Knoli Trunk Sewer Replacement Project (CIP# 5806)
Bid No. 08-012 from Cass Construction, Inc. as complete; Authorize the City
Clerk to file and record the Notice of Completion; Authorize the release of the
retention in the amount of $181,201.39, if unencumbered, 45 days after filing
the Notice of Completion; Release the Material and Labor bond in the amount
of $3,595,951:59, and retain the bond for Faithful Performance for a period oF
one year. (0700-10)
13. Resolution Rescinding a Portion of Resolution No. 88-104 and Rescinding
Resolution No. 91-136 in its Entirety, in Order to Restore Parking on Bowron
Road South of Civic Center Drive and next to Valley Elementary School.
(0860-10)
14. Resolution Identifying the Position of Public Works Director as the Alternate to
the Metro Wastewater Commission/Joint Powers Authority (JPA). (0940-90)
15. Approval of a Community Contribution to the Poway Community Association
for Poway Days Parade. (0160-10)
Ordinances:
1. Ordinance No. 696, Amending Chapter 8.94.050 and Adding ChaptE�
8.94.065 of the Poway Municipal Code Pertaining to Water Conservation.
(0930-90)
Kristen Crane, Administrator, Water Conservation, gave an overview of
the proposed changes.
No public speakers.
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City of Poway Minutes— September 1, 2009
Motion by Councilmember Cunningham, seconded by Deputy Mayor
Kruse, to introduce the Ordinance for first reading by title only, waive
further reading and schedule adoption of the Ordinance on October 6,
2009. Motion carried by the following roll-call vote:
Aye: Higginson, Cunningham, Kruse, Rexford (via
Teleconference)
Noes: None
Absent: Boyack
2. Ordinance No. 697 an Ordinance of the City Council of the City of Poway,
California, Deleting Chapter 13.11 of the Poway Municipal Code, Entitled
"Water Service Charges° and Adding a new Chapter 13.11 Entitled "Water
Service." (0930-90)
Lisa Foster, City Attorney, reported on the item.
No public speakers.
Motion by Councilmember Cunningham, seconded by Deputy Mayor
Kruse, to introduce the Ordinance for first reading by title only, waive
further reading and schedule adoption of the Ordinance on October 6,
2009. Motion carried by the following roll-call vote:
Aye: Higginson, Cunningham, Kruse, Rexford (via
Teleconference)
Noes: None
Absent: Boyack
Public Hearings:
3. Variance (VAR) 08-10; Waldemar Willemse, Owner: A request to construct a
detached, two-story, two-car garage with an upstairs storage area with a 29
foot, 6-inch front yard setback where a 40-foot setback is required, on a
developed approximate 0.6-acre lot located at 12815 Stone Canyon Road,
within the Rural Residential C(RR-C) zone. (0210-70)
Jason Martin, Senior Planner, reported on the item with a PowerPoint
presentation. Waldemar Willemse, Owner, also gave a PowerPoint
presentation outlining his request for the variance.
No public speakers.
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City of Poway Minutes— September 1, 2009
Motion by Mayor Higginson, seconded by Deputy Mayor Kruse, to close
the public hearing; and adopt Resolution No. P-09-28 entitled: "A
Resolution of the City Council of the City of Poway, California Denying
Variance 08-10, Assessor's Parcel Number 275-232-18." Motion carried
by the following roll-call vote:
Aye: Higginson, Cunningham, Kruse, Rexford (via
Teleconference)
Noes: None
Absent: Boyack
5. Variance (VAR) 09-04WCF, Minor Development Review Application (MDRA)
09-05WCF, and Underground Waiver (UW) 09-02; San Dieguito Regional
Park/Dick Bobertz, Applicant: A request to build a 2,250-square-foot
replacement office and a 1,115-square-foot garage/workshop on the San
Dieguito Regional Park property located at 18372 Sycamore Creek Road.
The application includes a request for a Variance approval to allow the
buildings to observe a zero front yard setback when a 50-foot setback is
required, and approval to waive the requirement for a public use to install a 6-
foot-high fence as a buffer from adjacent residential properties along the
interior side and rear property lines. Approval of an Underground Waiver is
also requested to allow existing, onsite overhead utility service to remain.
(0210-70)
Carol Rosas, Associate Planner, reported on this item.
Submitted Speaker Slip in Support but Did Not Speak: Susan A. Carter
Motion by Councilmember Cunningham, seconded by Deputy Mayor
Kruse, to close the public hearing and adopt Resolution No. P-09-30
entitled: "A Resolution of the City Council of the City of Poway,
California, Approving Variance 09-04WCF and Underground Waiver 09-
02 Assessor's Parcel Number 272-150-24." Motion carried by the
following roll-call vote:
Aye: Higginson, Cunningham, Kruse, Rexford (via
Teleconference)
Noes: None
Absent: Boyack
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City of Poway Minutes— September 1, 2009
Staff Reports:
6. Hillside/Ridgeline Minor Development Review Applications (MDRA) 06-05R
and 06-06R; Mike Romeo and Stephen Oppenheimet, Applicants: A request
for approval to revise the approved grading design for two single-family
homes on two contiguous lots located on the east side of the 12800 block of
Gate Drive, in the Rural Residential C(RR-C) zone. APNs: 323-290-17
(MDRA 06-05R) and 323-290-18 (MDRA 06-06R) (0200-25)
Carol Rosas, Associate Planner, outlined the request via a PowerPoint
presentation.
No public speakers.
Motion by Deputy Mayor Kruse, seconded by Councilmembe�
Cunningham, to approve MDRA 06-05R and 06-O6R, adopt Resolution
No. P-09-31 entitled: "A Resolution of the City Council of the City of
Poway, California, Approving Minor Development Review Application
(MDRA) 06-05R Assessor's Parcel Number 323-290-17 and adopt
Resolution No. P-09-32 entitled: "A Resolution of the City Council of the
City of Poway, California, ApproVing Minor Development Review
Application (MDRA) 06-06R Assessor's Parcel Numbers: 323-290-18."
Motion carried by the following roll-call vote:
Aye: Higginson, Cunningham, Kruse, Rexford (via
Teleconference)
Noes: None
Absent: Boyack
City Manager Items:
16. City Manager Gould reported two Fire Division Chiefs and one engin::
company from Poway were sent to assist in the L.A. County fire and stressed
the importance of citizen evacuation.
City Attorney Items: None.
• 9245
City of Poway Minutes— September 1, 2009
Mayor and City Council-Initiated Items:
19. Councilmember Cunningham spoke about the City's 20% water savings last
quarter and thanked the City's volunteers for their hard work throughout the
year.
21. Deputy Mayor Kruse requested an item for the Oct. 20, 2009 agenda
concerning the monitoring and analysis of water rates.
Adjournment: The meeting was adjourned at 11:17 p.m.
a���-�
� Linda . Troyan, MMC
� �City Clerk
City of Poway, California
9246