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CC 2004 08-31 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 31, 2004 The August 31,2004, Regular Meeting of the City Council of the City of Powaywas called to order at 7:00 p.m. by Mayor Cafagna, at the Poway Community Library - Meeting Room, 13137 Poway Road, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Steve Eckis Jeanne Bunch Robert Clark Warren Shafer James Howell Mark Sanchez Charlie Campe Niall Fritz Deborah Johnson Paolo Romero Peter Moote City Manager Assistant City Manager Special Counsel Interim City Clerk Director of Community Services Director of Administrative Services Director of Public Works Director of Safety Services Sheriff's Captain Director of Development Services Director of Redevelopment Services Management Assistant Deputy Director of Administrative Services FLAG SALUTE Deputy Mayor Higginson led the Flag Salute. PRESENTATION Staff presented a draft 15-minute video of Poway created by Copperpoint Communications of San Marcos at the request of the City and the Poway Historical and Memorial Society. Positive comments were received and suggestions offered. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. No one requested to speak. 8182 Page 2 - CITY OF POW A Y - August 31, 2004 CONSENT CALENDAR. NOTICE TO PUBLIC Motion by Council member Goldby, seconded by Councilmember Emery to approve the Consent Calendar as follows: (Items 11, 14 & 15 were acted upon separately.) 6. Ratification of Warrant Registers for the periods of July 26 - 30 and August 2 - 6, 2004. (0475-20) 7. Approval of Minutes - City Council August 3, 2004 - Regular Meeting August 5, 2004 - Canceled Adjourned Regular Meeting August 10, 2004 - Canceled Regular Meeting 9. Approval of Law Enforcement Contract for Fiscal Year 2004/2005. (0700-25) 10. Acceptance of Task 3 of the Demolition of Residential and Other Miscellaneous Structures and Hazardous Materials Abatement As-Needed Services Project (#5650A) from Clauss Construction. (0700-10) 12. Approval of Consultant Agreement between the City of Poway and Kleinfelder, Inc., for As-Needed Materials and Compaction Testing and Inspection Services from August 31,2004 through August 31,2006. (0700-10) 13. Request for Extension of Contract with Berryman & Henigar, Inc., for Program Management Services through February 2006. (0700-10) 16. Adoption of Resolution No. 04-075, entitled "A Resolution of the City Council of the City of Poway Supporting Proposition 1A." (0740-55) Motion carried unanimously. NEW PUBLIC HEARINGS Niall Fritz, Director of Development Services said Item 1 and Item 2 would be considered concurrently. ITEM 1 (0210-50) MINOR CONDITIONAL USE PERMIT 04-04 APPLICANT: CRAIG FAULKNER/MIDORI FINANCIAL LLC Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request to permit the installation of tennis court lights for a single-family residence and tennis court currently under construction on Lot 12 within the Heritage II community located at 18655 Old Coach Drive. APN: 277-220-12. 8183 Page 3 - CITY OF POW A Y - August 31 , 2004 ITEM 2 (0210-50) MINOR CONDITIONAL USE PERMIT 04-06 APPLICANT: CRAIG FAULKNER/MIDROI FINANCIAL LLC Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request to permit the installation of tennis court lights for a single-family residence and tennis court currently under construction on Lot 8 within the Heritage II community located at 18650 Old Coach Way. APN: 277-220-08. City Manager Bowersox referenced a letter on file from James & Patricia St. John objecting to the proposed tennis court lights on Lot 8 and Lot 12. Niall Fritz, Director of Development Services, presented an analysis of both projects and outlined conditions contained in the resolution of approval. The following people spoke in opposition to both requests: Charles Yazel, 18735 Old Coach Way (Lot 5) Denise Bruns, 18556 Old Coach Way (Lot 4) Council discussion ensued concerning the fact that the requests are from the developer and not the potential homeowners, therefore may be premature. Motion by Councilmember Emery, seconded by Council member Rexford, to close the public hearing and deny both requests (Items 1 & 2). Ayes: Emery, Goldby, Rexford, Cafagna. Noes: Higginson. Absent: None. Motion carried 4-1. ITEM 3 (0210-50) MINOR CONDITIONAL USE PERMIT 04-12 OWNER: HOME DEPOT APPLICANT: WINSTON BAUTISTA Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request to allow for a permanent outdoor display area in the front of Home Depot along with an increased length and height of display area and for different types of goods to be displayed other than those permitted for the property located at 12175 Tech Center Drive. APN: 317-280-82. There was no one present wishing to speak. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-04-57, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 04- 12 - Assessor's Parcel Number 317-280-82. Motion carried unanimously. 8184 Page 4 - CITY OF POWAY - August 31,2004 ITEM 4 (0200-50) TENTATIVE PARCEL MAP 04-01 OWNER: M.G.I.G. TRUST APPLICANT: McCULLOUGH-AMES DEVELOPMENT Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request by McCullough-Armes Development to subdivide a 0.51-acre residential property, located at 13260 Cicero Way into three parcels, with the existing residence being demolished. APN 323-201-02 The following person was present and requested to speak. Sue Young, P. O. Box 1394, Poway 92074, president of the Amesbury Court Homeowners Association, spoke regarding drainage concerns. Director of Development Services Niall Fritz reviewed the drainage patterns in and around the Amesbury Court condominiums. Motion by Mayor Cafagna, seconded by Deputy Mayor Higginson to close the public hearing and adopt Planning Resolution No. P-04-58, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Tentative Parcel Map (TPM) 04-01 - Assessor's Parcel Number 323-201-02." Motion carried unanimously. STAFF REPORTS ITEM 5 (0200-20) DEVELOPMENT REVIEW 04-04 APPLICANT: THE RESERVE AT POWAY, LP Steve Eckis, Special Counsel, stated Council member Rexford lives within 500' of this request, therefore, would be excused from discussion and action. Council member Rexford left the meeting room at 7:46 p.m. City Manager Bowersox presented the staff report. This is a request to construct 9 single- family homes on the 9 lots of Final Map 14018, located on Grange Place and Creek Road, within the Creek Road Enclave. APNs: 320-230-01 through 07, 10 and 11. Dee Fleischman, 14428 Midland Road, expressed concern with the access easement and disturbing wildlife in the area. (N. Bothwell, 5302 Alta Bahia Ct., San Diego, 92109, submitted a slip in support of the request - he did not wish to speak.) 8185 Page 5 - CITY OF POW A Y - August 31, 2004 Motion by Councilmember Goldby, seconded by Council member Emery to adopt Planning Resolution No. P-04-59. Motion carried 4-0, with Council member Rexford absent. Council member Rexford returned to the meeting room at 7:50 p.m. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR ITEM 11 (0700-10) CONSULTANT AGREEMENT POWAY ROAD DISTRICT MONUMENTATION PROGRAM GRAPHIC SOLUTIONS City Manager Bowersox presented the staff report and approval of a Consultant Agreement between the City of Poway and Graphic Solutions in the amount of $19,950 plus a 10% contingency of $1,995 for the development of the Poway Road District Monumentation Program. Councilmember Goldby asked that this item be pulled for separate action. He supported the recommendation for approval subject to the Chamber of Commerce's continued involvement in the program. Council expressed interest, if banners are included, that designs similar to the stained glass windows in the library along Poway Road, depicting the area's history, be considered. Motion by Council member Goldby and seconded by Deputy Mayor Higginson to approve the agreement subject to continued involvement with the Chamber of Commerce. Motion carried 5-0. ITEM 14 (0700-10) STANDARD AGREEMENT POWAY GIRLS SOFTBALL LEAGUE City Manager Bowersox presented the staff report and recommendation for approval, subject to final review by the City Attorney, of a Standard Agreement between the City of Poway, the Poway Redevelopment Agency and Poway Girls Softball League for construction of public improvements for the Aubrey Park project located at the northwest corner of Midland Road and Aubrey Street. Council member Goldby expressed concern that the Parks & Recreation Committee had not reviewed the agreement. City Manager Bowersox indicated the Parks & Recreation Committee has provided input in the project. Action being requested is based on Council action last May. Dee Fleischmann, 14428 Midland Road, urged the Council to make sure that backboards for the fields meet design standards for Old Poway. 8186 Page 6 - CITY OF POWAY - August 31,2004 R. W. Stravros, 13639 Jackrabbit Road, expressed concern that project cost has increased 15% since it was originally approved. Motion by Councilmember Emery and seconded by Deputy Mayor Higginson to approve the agreement subject to final review by the City Attorney. Motion carried 4-1 with Council member Goldby voting "no." ITEM 15 (0430-50) APPROPRIATION & ADOPTION BENEFIT RESOLUTIONS City Manager Bowersox presented the staff report and recommendation for approval and adoption of Benefit Resolutions (3 City/3 RDA) for the City of PowaylPoway Redevelopment Agency Capital Improvement Program. Dee Fleischman, 14428 Midland Road, expressed concern (which were addressed by City Manager Bowersox), regarding (1) Commercial Site Acquisition (Project 5915), (2) Mixed Use Development (Project 5288), (3) Midland Village Improvements (Project 5917), and (4) Metate Historical Park (New Project). Motion by Councilmember Emery and seconded by Council member Rexford that Council approve the following resolutions. Resolution No. 04-072, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Community Road Soundwall Project is of Benefit to the Paguay Redevelopment Project." Resolution No. 04-073, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Aubrey Park Project is of Benefit to the Paguay Redevelopment Project." Resolution No. 04-074, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Revised Capital Improvement Program Budget for Fiscal Year 2004-2005." Motion carried unanimously. CITY MANAGER ITEMS 17. City Manager Bowersox provided a brief State Budget Update. (0150-50) MAYOR AND CITY COUNCIL.INITIATED ITEMS 19. Councilmember Emery thanked staff for addressing his concern regarding mini- motorcycles on public streets. He also asked if the Blue Sky Ecological Reserve sign could be enhanced. 8187 Page 7 - CITY OF POW A Y - August 31, 2004 20. Council member Rexford asked staff to respond to concerns of the Green Valley Civic Association expressed in letters concerning Espola Road and cell towers. 21. Council member Goldby, concerning the video shown earlier in the evening, expressed disappointment that the Kumeyaay Nation did not embrace their improvised fellow Kumeyaays in southern Mexico. 23. Mayor Cafagna did not provide a Regional Governance update. (0150-20) After a brief discussion, staff was asked to look into warning signs or screening to warn users of the dog park of potential falling handballs from the nearby baseball fields. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:30 p.m. upon motion by Deputy Mayor Higginson, seconded by Council member Goldby. ( nne Bunch, Interim City Clerk City of Poway 8188