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CC 2004 11-09 MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 9, 2004 The November 9, 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 Jay Goldby, Don Higginson, Mickey Cafagna COUNCILMEMBER ABSENT Bob Emery and Betty Rexford STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Steve Eckis Jeanne Bunch Jim Howell Mark Sanchez Charlie Campe Deborah Johnson Robert Clark Patti Brindle Kristen Crane Javid Siminou David Narevsky Paolo Romero City Manager Assistant City Manager Special Counsel Interim City Clerk Director of Public Works Director of Safety Services Sheriff's Captain Director of Redevelopment Services Director of Community Services City Planner Senior Management Analyst City Engineer Redevelopment Manager Management Assistant FLAG SALUTE Deputy Mayor Higginson led the flag salute. PRESENTATION Katie Polakiewicz presented an overview of the League of California Cities conference recently attended by herself and fellow teens Zac Petersen, Amy Narevsky, Katrina Hill and Omar Issa. She shared their experiences as they attended sessions, interacted with other students, learned about government and meetings with governmental officials. She thanked David Richards, Community Services Department, for being their guide and chaperon. 8242 Page 2 - CITY OF POWAY - November 9,2004 PUBLIC ORAL COMMUNICATIONS Nick Stavros, 13639 Jackrabbit Road, Poway, said he has filed a challenge with the IRS of the Poway Girls' Softball League's 501 (c) (3) status based on their recent actions in the 2004 City of Poway City Council Elections. He filed a copy, a memo, outlining his complaint with the City Clerk. CONSENT CALENDAR Mayor Cafagna said a request has been received to pull Item 13 for discussion. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to approve the Consent Calendar as follows 7. Ratification of Warrant Register for the periods of October 4 to October 8 and October 11 to October 15, 2004. (0475-20) 8. Approval of Minutes - City Council October 19, 2004 Regular Meeting 10. Approval of City's Investment Report as of September 30,2004. (0450-80) 11. Approval of Final Map for Tentative Tract Map (TTM) 01-03; EGN Holdings, LLC; Elwood Norris, Applicant; APNs 321-270-54-58, 59 and 63, and direct its recordation. (0220-60) 12. Adoption of Resolution No. 04-098 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing No-Parking Zones at the La Manda RoadlHilltop Circle North Intersection." (0860-95) 14. Award of Bid for the Auto Unloading Facility and Vehicle Staging Area (#5913) to T.B. Penick & Sons, Inc. in the amount of $1,567,435.70 and an additional appropriation of $155,000 from the Unappropriated RDA Capital Projects Fund Balance. (0700-10) 15. Adoption of Planning Resolution No. P-04-86, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 04-83 to Hold the Annual Poway Fall Fest Street Fair" on Sunday, November 14, 2004, along Midland Road between Poway Road and Hilleary Place from 10:00 a.m. to 4:00 p.m., Poway Chamber of Commerce, Applicant. (0210-60) 16. Award of Grove Management Services Contract to Olson Avocado Management, Inc., for a not to exceed amount of $41 ,850.00 and authorize the City Manager to execute the necessary documents. (0700-10) 8243 Page 3 - CITY OF POWAY - November 9,2004 17. Approval of Exclusive Negotiation Agreement between the Poway Redevelopment Agency and Community HousingWorks for the Community Road Affordable Housing Development. APNs 317-101-24,25,26 and 27. (0700-10) 18. Approval of an Employment Agreement with Diane Shea as City Clerk, effective December 13, 2004. (0700-10) Motion carried 3-0 (Absent: Councilmembers Emery and Rexford). CONTINUED PUBLIC HEARINGS ITEM 1 (0350-801#613) ORDINANCE NO. 613/SECOND READING ADDS NEW CHAPTER 8.11 DRINKING & DRIVING - ON-SALE ESTABLISHMENTS Mayor Cafagna opened the public hearing and read the title of Ordinance No. 613, entitled: "An Ordinance of the City of Poway, California, Requiring the Placement of Educational Posters Warning Against Drinking and Driving for all On-Sale Establishments." This item was continued from October 19, 2004, Item #1. Ray Gross, 2931 Warden Street, San Diego, represented the Designated Drivers Association, said they will be starting the program within 60 days by offering rides home on Friday and Saturday evenings. They are currently having cards and posters made for use in on-sale establishments. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to close the public hearing and adopt Ordinance No. 613. Motion carried 3-0 on a roll call vote (Absent: Councilmembers Emery and Rexford). ITEM 2 (0850-25/#614) ORDINANCE NO. 614/FIRST READING AMENDS SECTION 10.28.030 ESTABLISHES ANGLE PARKING ZONES Mayor Cafagna opened the public hearing and read the title of Ordinance No. 614, entitled: "An Ordinance of the City of Poway, California, Establishing Angle Parking on Midland Road Between Twin Peaks Road and Orange Blossom Lane." This item was continued from October 19, 2004, Item #2. There was no one present wishing to speak. Motion by Deputy Mayor Higginson, seconded by Council member Goldby to waive further reading and continue the hearing to November 30,2004 for second reading and adoption of Ordinance No. 614 and adopt Resolution establishing angle parking zones. Motion carried 3-0 (Absent: Councilmembers Emery and Rexford). 8244 Page 4 - CITY OF POWAY - November 9,2004 ITEM 3 (0210-30) CONDITIONAL USE PERMIT 04-13 TELECOMMUNICATIONS FACILITY DELTA GROUPS ENGINEERING, APPLICANT Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request to install a telecommunications facility on a developed residential property located in the Rural Residential A (RR-A) zone at 12601 Cobblestone Creek Road. There was no one present requesting to speak. Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to close the public hearing and adopt Planning Resolution No. P-04-87, entitled: "A Resolution of the City Council of the City of Poway. California Approving Conditional Use Permit 04-13 Assessor's Parcel Number 316-063-02 and 05." Motion carried 3-0 (Absent: Councilmembers Emery and Rexford). NEW PUBLIC HEARINGS ITEM 4 (0210-30) CONDITIONAL USE PERMIT 04-08 TELECOMMUNICATIONS FACILITY DELTA GROUPS ENGINEERING, APPLICANT Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. This is a request to install a telecommunications facility on an existing water reservoir (Celestial Reservoir), located in the Residential Single-Family 4 (RS-4) Zone at 13472 Celestial Road, east of Pomerado Road and north of Poway Road. No one was present to speak on this matter. Motion by Council member Goldby, seconded by Deputy Mayor Higginson, to close the public hearing and adopt Planning Resolution No. P-04-88, entitled: "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 04-08 Assessor's Parcel Number 317-680-36. Motion carried 3-0 (Absent: Councilmembers Emery and Rexford). STAFF REPORTS ITEM 5 (0210-60) TEMPORARY PARKING LOTS AND SIDEWALK SALES City Manager Bowersox recommended that the report on temporary parking lot and sidewalk sales in City Commercial Zones be continued to November 30, 2004, to allow more time on issues that are being researched. 8245 Page 5 - CITY OF POWAY - November 9,2004 Moved by Councilmember Goldby, seconded by Deputy Mayor Higginson to continue this item to November 30, 2004 as recommended. Motion carried 3-0 (Absent: Councilmembers Emery and Rexford). ITEM 6 (0120-80) PROPOSED YOUTH/TEEN MASTER PLAN City Manager Bowersox said a subcommittee of the Teen Issues Committee was formed to provide input on issues affecting the youth in Poway. Robert Clark, Community Services Director, reviewed the staff report and said the Master Plan will require staff support and community involvement and an appropriation of funds in the future. He said the Youth/Teen Master Plan would follow a work plan and timelines similar to those established in the La Canada Flintridge Youth Master Plan. Elements of the timeline are outlined in the staff report. Deputy Mayor Higginson expressed support, but felt 95% of such facilities already exist for teens in Poway. In response to Mayor Cafagna, Mr. Clark said reducing the size of the survey and using SANDAG statistics could save money and time. Moved by Councilmember Goldby, seconded by Deputy Mayor Higginson to direct staff to begin the process to develop a YouthlTeen Master Plan with Council involvement. Motion carried 3-0 (Absent: Councilmembers Emery and Rexford). CONSENT CALENDAR - ITEM PULLED FOR DISCUSSION Mayor Cafagna said this item was pulled for discussion at the request of Dee Fleischman. 13. Award of Bid for the Aubrey Park Phase I Project (#5657) to Sierra Pacific West, Inc. in the amount of $1 ,084,145.14 (0700-10) City Manager Bowersox responded to questions from Dee Fleischman (14428 Midland Road, Poway) concerning the number of bidders, in-kind or in-lieu contributions, Girls' Softball financial contribution and paving the parking lot. Motion by Deputy Mayor Higginson, seconded by Council member Goldby to award the bid to Sierra Pacific West, Inc. in the amount of $1 ,094,145.14. Motion carried 3-0 (Absent: Councilmembers Emery and Rexford). CITY ATTORNEY 20. Steve Eckis, Special Council, extended his thanks to out-going Council member Jay Goldby for their working relationship for the past eight years. MAYOR AND CITY COUNCIL -INITIATED ITEMS 25. Mayor Cafagna congratulated Merrilee Boyack on her successful election to the poway City Council and extended his thanks to all the candidates who participated in the election. 8246 Page 6 - CITY OF POWAY - November 9,2004 A. Mayor Cafagna did not provide a Regional Governance update. (0150-20) ADJOURNMENT Mayor Cafagna adjourned the meeting at 7:40 p.m. Higginson, seconded by Councilmember Goldby. Councilmembers Emery and Rexford). upon motion by Deputy Mayor Motion carried 3-0 (Absent: Bunch, Interim City Clerk City of Poway 8247