Loading...
CC 2004 10-26 MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 26, 2004 The October 26, 2004, Regular Meeting of the City Council of the City of Poway, was 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 Tamara Smith Sherrie Worrell Jim Howell Robert Krans Charlie Campe Deborah Johnson Warren Shafer Robert Clark Patti Brindle Kristen Crane Javid Siminou Jeff Beers Ingrid Alverde Luisa Tumini David Narevsky Paolo Romero City Manager Assistant City Manager City Attorney Deputy City Clerk Director of Public Works Fire Chief Sheriff's Captain Director of Redevelopment Services Director of Administrative Services Director of Community Services City Planner Senior Management Analyst City Engineer Assistant Engineer Housing Program Manager Redevelopment Coordinator Redevelopment Manager Management Assistant FLAG SALUTE Deputy Mayor Higginson led the flag salute. PRESENTATIONS Director of Redevelopment Services Deborah Johnson and Housing Program Manager Ingrid Alverde, gave a thirty-minute PowerPoint presentation on the S.upport of H.ome O.wnership in P.oway Program (SHOP.). (0260-10) STAFF REPORTS Mayor Cafagna said that Agenda Item 10 would be considered at this time. ITEM 10 (0260-10) POWAY AFFORDABLE HOMEOWNERSHIP PROGRAM 8230 Page 2 - CITY OF POWAY - October 26,2004 City Manager Bowersox presented the staff report. On March 12,2002, the City Council adopted the Comprehensive Affordable Housing strategy, which identified an affordable home ownership program as a needed housing program for the poway community. Council's approval of this program will authorize the implementation of the program as eligible candidates and properties are presented. Motion by Deputy Mayor Higginson, seconded by Council member Rexford, to approve the City Manager's recommendation and adopt Resolution No. 04-091, entitled: "A Resolution of the City Council of the City of Poway, California, Making Certain Requisite Findings that the Supporting Home Ownership in Poway Program is of Benefit to the Redevelopment Project Area," and Resolution No. R-04-10, entitled: "A Resolution of the Poway Redevelopment Agency Making Certain Requisite Findings that the Supporting Home Ownership in Poway Program is of Benefit to the Redevelopment Project Area." Motion carried 5-0. PRESENTATIONS Assistant Engineer Jeff Beers gave a fifteen-minute PowerPoint presentation on the Proposed Architectural Features of the Aubrey Park Project (CIP #5657). (0700-10) The following person spoke regarding the design features: Dee Fleischman, 14428 Midland Road, inquired as to whether parking would be available in the future where the detention basin is proposed; if something other than concrete curbing could be used around the trees; and the possibility of naming the park after a historical figure from Poway or re-naming it "Piermont Park," which it was originally known as. STAFF REPORTS Mayor Cafagna stated that Agenda Item 9 would be considered at this time due to the number of people in attendance. ITEM 9 (0200-25) MINOR DEVELOPMENT REVIEW 04-90 MINA DE ORO ROAD ACCESS GATE ASSESSOR'S PARCEL NUMBERS: 321-111-11 AND 16 APPLICANT: JOHN FITCH Mayor Cafagna stated this is a request by the property owners on Eucalyptus Heights Road and the 14800 block of Mina De Oro Road along with John Fitch to install an electronic vehicle gate across Mina de Oro Road just north of the Poway Grade intersection for security purposes. Mayor Cafagna announced that due to a family medical emergency the applicant, John Fitch, was unable to attend tonight's meeting; however due to the number of people in attendance, testimony would be taken and the item would be continued. 8231 Page 3 - CITY OF POWAY - October 26,2004 City Attorney Smith stated that a letter had been submitted on behalf of Mr. and Mrs. Shoval, owners of the affected parcels, requesting the item be continued for 90 days. The following people spoke regarding the project: Mitchell Berner, Public Solutions, 402 W. Broadway #1050, San Diego, representing the property owners, Mr. and Mrs. Menachem Shoval, requested this item be continued for 90- days. John Pavin, 16155 Poway Road, requested the item be continued. Motion by Council member Emery, seconded by Deputy Mayor Higginson to continue the item for 90 days (January 25, 2005). Motion carried 5-0. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following individual spoke: Joe St. Lucas, 13033 Earlgate Court, thanked staff for working with the Poway Honda and Dodge dealerships to eliminate the parking, noise and test-driving issues that were occurring in the neighborhood. CONSENT CALENDAR Motion by Council member Goldby, seconded by Deputy Mayor Higginson to approve the Consent Calendar as follows: 11. Ratification of Warrant Register forthe period of September 27 to October 1,2004. (0475-20) 12. Approval of Minutes - City Council October 5, 2004 Regular Meeting October 7,2004 Canceled Adjourned Regular Meeting October 12, 2004 Regular Meeting 14. (a) Adoption of Resolution No. 04-092, entitled: "A Resolution ofthe City Council of the City of Poway, California, Adopting through Incorporation by Reference the Fair Political Practices Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Rescinding Resolution No.03-082," and (b) Adoption of Resolution No. R-04-11, entitled: "A Resolution of the Poway Redevelopment Agency Adopting through Incorporation by Reference the Fair Political Practices Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and Rescinding Resolution No. R-03-11 ," and 8232 Page 4 - CITY OF POWAY - October 26,2004 (c) Adoption of Resolution No. 04-093, entitled: "A Resolution ofthe City Council of the City of Poway, California Approving the Poway Redevelopment Agency's Adoption through Incorporation by Reference the Fair Political Practices Commission's Standard Conflict of Interest Code 2 California Code of Regulations Section 18730 and the Amended List of Designated Positions subject to the Reporting Requirements of the Agency's Conflict of I nterest Code and Rescinding Resolution No. 03-083." (0720-30) 15. Adoption of Resolution No. P-04-81, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 04-63 to Hold Christmas in the Park 2004 at Old Poway Park" on Saturday, December 11,2004. (0210-60) 16. Acceptance of the Poway Center for the Performing Arts Flooring Project from Spectra Contract Flooring. (0700-10) 17. Rejection of Claims Against the City (2) Ian Locket and Mitzie Travers (0190-10) 18. Adoption of Resolution No. P-04-82, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 04-76 to Hold the Poway High School Homecoming Parade" on November 5, 2004, Poway High School Associated Student Body, Applicant. (0210-60) 18.1 Award of bid for the Fire Protection Upgrades - Orchard Bend Area Project (#1744) to RMR Construction in the amount of $170,895. (Continued from October 19, 2004, Item #11). (0700-10) Motion carried unanimously. CONTINUED PUBLIC HEARING ITEM 1 (0240-301#611) ORDINANCE NO. 611/SECOND READING 2004 AMENDMENT PAGUAY REDEVELOPMENT PROJECT AREA Mayor Cafagna opened the public hearing and read the title of Ordinance No. 611, "An Ordinance ofthe City of Poway, California, Approving and Adopting an Amendment to the Redevelopment Plan for the Paguay Redevelopment Project." (Continued from October 5, 2004, Item #1a). No one requested to speak concerning this hearing. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to close the public hearing and adopt Ordinance No. 611. Motion carried 5-0 on a roll call vote. 8233 Page 5 - CITY OF POW A Y - October 26, 2004 ITEM 2 (0210-801#612) ORDINANCE NO. 612/SECOND READING GPA AMENDMENT 04-01; ZONE CHANGE 04-01 SPA 88-01 D; SPA 89-06A; CUP 89-10M(5) Mayor Cafagna opened the public hearing and read the titles of the following ordinance and resolutions. (a) Ordinance No. 612 - Second Reading, entitled: "An Ordinance of the City of Poway, California, Changing the Zoning Classification of Certain Properties (ZC 04- 01) APN's 314-212-02 through 06; 314-220-02, 03, 33-35, & 69; 314-193-39 and a portion of 40." (Continued from October 12, 2004, Item #2) (b) Modification of Conditional Use Permit 89-1 OM(5) to expand the boundaries and land uses within Old Poway Park; (c) Amendment to the Old Poway Town Park Specific Plan (SPA) 89-06A; and (d) Specific Plan Amendment (SPA) 88-01 D, an amendment to the Old Poway Specific Plan to correct land use and boundary changes associated with General Plan Amendment/Zone Change 04-01. No one requested to speak concerning this hearing. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to close the public hearing and adopt Ordinance No. 612; Planning Resolution No. P-04-83, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Modification to Conditional Use Permit 89-1 OM(5) Expanding the Boundaries of the Old Poway Park APNs: 314-212-02 through 06; 314-220-02, 03, 33, 34,35 & 69; 314-193-39 and a portion of 40;" Resolution No. 04-094, entitled: "A Resolution of the City Council of the city of Poway, California, Approving Old Poway Town Park Specific Plan Amendment SPA 89-06A and Rescinding Resolution No. 89-135 APNs: 314-212-02 through 06; 314-220-02, 03, 33, 34,35 & 69; 314-193-39 and a portion of 40;" and, Resolution No. 04-095, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Old Poway Specific Plan Amendment SPA 88-01 D APNs: 314-212- 02 through 06; 314-220-02, 03, 33, 34, 35 & 69; 314-193-39 and a portion of 40." Motion carried 5-0 on a roll call vote. 8234 Page 6 - CITY OF POWAY - October 26,2004 NEW PUBLIC HEARINGS ITEM 3 (0700-101#615) ORDINANCE NO. 615/FIRST READING RESOLUTION OF INTENTION CALPERS CONTRACT AMENDMENT Mayor Cafagna opened the public hearing and read the title of Ordinance No. 615, "An Ordinance of the City of Poway California, Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employees' Retirement System." Staff report by City Manager Bowersox. The California Public Employees' Retirement System (CaIPERS) provides for certain Optional Benefits that are available to contracting agencies through the contract amendment process. It is requested that the City Council adopt the Resolution of Intention to approve an amendment to the existing CalPERS contract, and proceed with the first reading of the Ordinance authorizing an amendment to the contract, as required by CaIPERS. No one requested to speak concerning this hearing. Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to adopt Resolution No. 04-096, entitled, "A Resolution of Intention of the City Council of the City of Poway, California, to Approve an Amendment Between the Board of Administration of the Public Employees' Retirement System and the City of Poway," waive further reading and continue the public hearing to November 16, 2004, for second reading and adoption of the Ordinance. Motion carried 5-0. ITEM 4 (0780-60) VACATION 04-01 PORTIONS OF COUNTY ROAD RS 722 Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report. City Council declared the intention to vacate this street by resolution on October 5, 2004. Maderas Country Club, LLC, has requested the City to vacate portions of County Road RS 722, within Parcel 3 of Parcel Map No. 17989. No one requested to speak concerning this hearing. Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the public hearing, approve the City Manager's recommendation and adopt Resolution No. 04- 097, entitled: "A Resolution of the City Council of the City of Poway, California, Ordering the Vacation of Portions of County Road RS 722, within Parcel 3 of Parcel Map No. 17989 (Vacation 04-01 )." Motion carried 5-0. 8235 Page 7 - CITY OF POW A Y - October 26, 2004 ITEM 5 (0780-08) ENVIRONMENTAL ASSESSMENT (EA) 04-09 PROPERTY ACQUISITION 12920 METATE LANE ASSESSORS PARCEL NO. 317-350-30 Mayor Cafagna opened the public hearing. Council member Goldby disqualified himself due to a conflict of interest and left the dais. City Manager Bowersox presented the staff report recommending that the City Council approve the Negative Declaration, adopt Planning Resolution approving Environmental Assessment 04-09; authorize the expenditure of $3,210,000 from the appropriated Agency's Housing Fund; authorize the appropriation and expenditure of $1,290,000 from the Agency's Housing Fund Unappropriated Fund Balance; approve the purchase; and, authorize the City Manager to execute the necessary documents. The following people stated they had not received notification of the meeting and were opposed to affordable housing going into this area. William Parmley, 12546 Metate Lane Karen Andrews, 12461 Metate Lane Rose Wolf, 12835 Soule Street In addition, the following people spoke concerning the acquisition: Matt Hamson, 12837 Casa Court, expressed a concern about going from an open area to high-density housing. John Nuttall, 12836 Casa Court, proposed locating historic homes on the parcel. Valerie Raymond, 12829 Soule Street, expressed a concern with the road going through Metate to Soule Street. Connie Messina, 12643 Oak Knoll Road, expressed a concern with more affordable housing going into the South Poway area. Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to close the public hearing, approve the City Manager's recommendation and adopt Planning Resolution No. P-04-84, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 04-09 Acquisition of Property at 12920 Metate Lane Assessor's Parcel Number 317-350-30." Motion carried 4-0 with Councilmember Goldby absent. Councilmember Goldby returned to the dais. ITEM 6 (0210-30) CONDITIONAL USE PERMIT 04-13 12601 COBBLESTONE CREEK ROAD ASSESSOR'S PARCEL NUMBER: 316-063-02 APPLICANT: DELTA GROUPS ENGINGEERING 8236 Page 8 - CITY OF POWAY - October 26,2004 Mayor Cafagna opened the public hearing. City Manager Bowersox stated the applicant has requested this item be continued to November 9, 2004. No one requested to speak concerning this hearing. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to continue the public hearing to November 9, 2004. Motion carried 5-0. ITEM 7 (0210-70) DEVELOPMENT REVIEW 04-05NARIANCE 04-10 12416 OAK KNOLL ROAD ASSESSOR'S PARCEL NUMBERS: 317-540-35 AND 36 APPLICANT: JERROLD HENNES Mayor Cafagna opened the public hearing and the staff report was presented by City Manager Bowersox. This is a request to allow the construction of an orthodontist building on a developed site on the northeast corner of Oak Knoll Road and Pomerado Road. The project would involve the removal of an existing duplex on the site. The request also includes a Variance to allow a portion of the required parking spaces to observe a 15 %- foot setback where a 20-foot setback is required for parking spaces in the zone. No one requested to speak concerning this hearing. Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the public hearing and adopt Planning Resolution No. P-04-85, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Development Review 04-05 and Variance 04-10 Assessor's Parcel Numbers 317-540-35 and 36." Motion carried 5-0. STAFF REPORTS ITEM 8 (0750-10) STATUS REPORT ILLEGAL ENCAMPMENTS City Manager Bowersox presented a status report concerning illegal encampment activities for July through September 2004. Council concurred to receive and file the report. ITEM 10.1 (0780-40) CONSERVATION EASEMENT DEED ACCEPTANCE AND RELOCATION OWNER: ROBERT BOONE APN 321-110-02 8237 Page 9 - CITY OF POWAY - October 26,2004 Staff report by City Manager Bowersox. This item was brought before the City Council on October 12,2004. It is an 80.5-acre parcel, located east of High Valley and includes 52.45 acres of mitigation easement for Scripps Poway Parkway habitat impact, 18 acres of mitigation easements entrusted to The Environmental Trust for private development projects impacts, 4.1 acres of road easements, 2 acres for a single-family home site, and 4 acres of habitat impacts associated with the 2-acre on-site building envelope. At that time, staff was recommending the City accept a Quitclaim Deed from The Environmental Trust. Since The Environmental Trust is nearing bankruptcy, the City attorneys of the numerous jurisdictions in which The Environmental Trust owns land or easements have expressed common direction that none of the jurisdictions purchase or accept land from the Trust until all of their collective bankruptcy issues have been resolved. As such, staff is recommending the removal of the acceptance of the Quitclaim Deed from The Environmental Trust and that Council approve the relocation of the building pad to a less biologically sensitive area. Motion by Councilmember Goldby, seconded by Councilmember Emery to approve the relocation of the building pad. Motion carried 5-0. CITY ATTORNEY ITEMS 20A. Status of Ordinance No. 600 regarding the consumption of alcohol by minors. (0740-201#600) City Attorney Smith reported that the San Diego Appellate Division of the Superior Court ruled that the City of San Diego's host party ordinance was unconstitutional, that it requires knowledge on the part of the host who is being charged with the crime for allowing a minor to drink. Since Poway's ordinance is based on San Diego's, it is recommended that Poway discontinue enforcement until a new ordinance is adopted. Council discussed the ramifications if enforcement were continued while the City Attorney develops a new ordinance, and who would prosecute the citations. City Attorney Smith stated that San Diego would decline to prosecute the citations, however the City could still enforce the ordinance. Council concurred to continue enforcing the ordinance while the City Attorney develops a new ordinance. 20B. City Attorney Smith requested the following Closed Session. A report out would be given. Closed Session pursuant to Government Code 954957 Employee Appointment Government Code 954957 Position Title: City Clerk 8238 Page 9 - CITY OF POW A Y - October 26, 2004 MAYOR AND CITY COUNCIL.INITIATED ITEMS 21A. Council member Emery requested a discussion of the Character Counts program and ways the City might participate. Council concurred that the City should work in conjunction with the school district to provide this program to youth at various locations and events. Council member Emery requested staff look at the possibility of having the video prepared by the Tierra Bonita Video News Team placed on the community access channel. 25A. Mayor Cafagna did not provide a Regional Governance Update. (0150-20) 25B. By consensus Council ratified Mayor Cafagna's appointment of Kara Duggan to the Teen Issues Committee (0120-80) CLOSED SESSION Mayor Cafagna called for Closed Session at 9:00 p.m., as requested by City Attorney Smith. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:27 p.m. with all members present. City Attorney Smith reported that City Council had appointed Diane Shea, currently with the City of Coronado, as the new City Clerk. Mayor Cafagna adjourned the meeting at 9:30 p.m. upon motion by Deputy Mayor Higginson, seconded by Council member Rexford. Motion carried 5-0. ~1~pJ1vuajJ Sherrie D. .Worrell, Deputy City Clerk City of Poway, California 8239