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CC 2005 01-18 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 18, 2005 The January 18, 2005, 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 City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna COUN~LMEMBERSABSENT None STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Steve Eckis Diane Shea James Howell Deborah Johnson Mark Sanchez Charlie Campe Niall Fritz Kristen Crane Paulo Romero Javid Siminou Jonathan Smith Jennifer Johnson Tracy Boland Belinda Romero City Manager Assistant City Manager Special Counsel City Clerk Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain Director of Development Services Senior Management Analyst Management Assistant City Engineer Associate Engineer Senior Management Analyst Senior Management Analyst Senior Recreation Supervisor FLAG SALUTE Deputy Mayor Emery led the flag salute. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following persons spoke: Lois Downs, 13745 Sycamore Tree Lane, Poway, spoke in support of the Senior Center. 8289 Page 2 - CITY OF POWAY - January 18, 2005 Catherine Lambert, 12811 Neddick Avenue, Poway, commented on Senior Center board make-up, terms of membership, by-laws and meetings. Dee Fleishman, 14428 Midland Road, Poway, addressed the proposed tree ordinance discussed at the last City Council meeting. Jay Goldby, 13237 Casa Vista, Poway, spoke on Senior Center issues. CONSENT CALENDAR Mayor Cafagna said a request has been made to pull Item 9 for discussion. Motion by Deputy Mayor Emery, and seconded by Council member Rexford to approve the Consent Calendar items 4 through 11, except item 9 pulled for discussion. It will be considered in its numerical order of the agenda. 4. Approval of Minutes - City Council December 14, 2004 Regular Meeting December 21, 2004 Regular Meeting December 28, 2004 Canceled Regular Meeting 6. Approval of City's Investment Report as of November 30, 2004. (0450-80) 7. Adoption of Resolution No. 05-003, entitled: "A Resolution ofthe City Council of the City of Poway, California, Establishing Flashing Yellow Beacons on Twin Peaks Road between Midland Road and Espola Road," near Twin Peaks Middle and Tierra Bonita Elementary schools. (0850-60) 8. Adoption of Resolution No. 05-004, entitled: "A Resolution of the City Council of the City of Poway, California, Establishing Speed Warning Devices on Poway Road at the lola Way Intersection." (0850-60) NEW PUBLIC HEARINGS ITEM 1 ENVIRONMENTAL ASSESSMENT (EA) AND TENTATIVE TRACT MAP 04-02 SOUTHERN TERMINUS OF WELTON LANE APN 323-090-59 AND 323-090-67 Mayor Cafagna opened the public hearing. City Manager Bowersox recommended that the item be continued to February 1, 2005. No one from the public requested to be heard. 8290 Page 3 - CITY OF POWAY - January 18, 2005 Motion by Councilmember Higginson, and seconded by Deputy Mayor Emery, to continue the item to February 1, 2005. Motion carried unanimously. STAFF REPORTS ITEM 2 TRANSITION OF BLUE SKY INTERPRETIVE SERVICES Staff report by City Manager Bowersox. He reported that the County of San Diego has operated the interpretive programming forthe Blue Sky Ecological Reserve on behalf of the City of poway and the County of San Diego for ten years. He reported on the transition of the responsibility for interpretive services from the County to the City of Poway that is deemed to be in the best interest of all parties. The City Council received the report and directed it be filed. ITEM 3 (0200-25) MINOR DEVELOPMENT REVIEW 04-90 MINA DE ORO ROAD VEHICLE GATE APPLICANTS JOHN D. FITCH AND NEIGHBORING PROPERTY OWNERS APN 321-111-11 AND 16 Staff report by City Manager Bowersox. This item was continued from the October 26, 2004, City Council meeting at the request of neighboring property owners to allow time to research legal access rights to Mina De Oro Road. The property owners on Eucalyptus Heights Road and in the 14800 block of Mina De Oro Road, have submitted an application and are formally requesting City Council approval of a proposal to install an automatic (electronic) vehicle gate across Mina De Oro Road just north of the Poway Grade intersection for security purposes. The signed petition for the gate cites security issues having to do with automobile and residential break-ins and the dumping of debris and trash along Mina De Oro Road as problems that the installation of the gate would hopefully prevent. The following members of the public spoke in favor of the application: Larry Murnane, 530 B Street, #1700, San Diego Denny Keena, 16056 Eucalyptus Heights, Poway John D. Fitch, 14544 Cedar Ridge Court, Poway Harry Rogers, 14875 Mina De Oro, Poway Pat Bonaguidi, 16041 Eucalyptus Heights, Poway 8291 Page 4 - CITY OF POWAY - January 18, 2005 The following members of the public spoke opposing the application: Gary Levitt, 3525 Del Mar Heights Road #246, San Diego Peggy Shoval, 13801 Adrian Street, Poway Oren Shoval, 13801 Adrian Street, Poway James Parenti, 12188 Pepper Tree Lane, Poway Nick Hollon, 12188 Pepper Tree Lane, Poway Marina Hollon, 12188 Pepper Tree Lane, Poway The following members of the public submitted speaker slips opposing the application but did not wish to speak: Rick Sharabi, no address given Menachern Shoval13801 Adrian Street, Poway Motion by Councilmember Rexford, and seconded by Councilmember Boyack, to proceed with the processing of the Minor Development Review Permit to allow installation of a vehicle entry gate on Mina De Oro Road. Motion failed 2/3 vote with Councilmembers Rexford and Boyack voting aye; Mayor Cafagna, Deputy Mayor Emery and Councilmember Higginson voting no. Motion by Council member Higginson, and seconded by Deputy Mayor Emery, to direct staff not to proceed with the Minor Development Review Permit. Motion carried 3/2 with Mayor Cafagna, Deputy Mayor Emery and Councilmember Higginson voting aye, and Councilmembers Rexford and Boyack voting no. ITEM 3A Update (0100-10) City Council Goals and Objectives The City Council agreed to hear this item on January 25, 2005, or on a subsequent City Council agenda. CONSENT CALENDAR - ITEM PULLED FOR DISCUSSION Motion by Deputy Mayor Emery, and seconded by Council member Rexford, to remove this item from the Consent Calendar. Motion carried unanimously. ITEM 9 (0700-10) APPROVAL OF AGREEMENT BETWEEN REDEVELOPMENT AGENCY AND CAVAGNERO ASSOCIATES FOR OLD POWAY MASTER PLAN AREA Staff report presented by City ManagerlExecutive Director Bowersox. Staff has negotiated a contract with Mark Cavagnero Associates to continue to provide architectural services for 8292 Page 5 - CITY OF POWAY - January 18, 2005 the art center, train depot, farmers market and multi-tenant restaurant within the Old Poway Master Plan area. The new agreement addresses the remaining portion of the project that involves construction drawings, specifications, cost estimates, and construction administration. Discussion ensued on concerns on the farmers market design including its size. Patricia Kent, 12666 Stone Canyon, Poway, thanked Council for the plans to go forward with the project and attention to fine arts. Peter Mihalkanin, 14557 Range Park Road, Poway, is interested in the project, especially the train depot, and wants the railroad volunteers to review plans and drawings. Joel Balding spoke on behalf of Phil Speer, 12757 Stone Canyon Road, Poway, of his concerns of the marketplace design. Dee Fleishman, 14428 Midland Road, Poway, echoed concerns about the farmers market structure. This item included in the City Council Minutes for informational purposes only. The action was taken by the Redevelopment Agency and included in their minutes as follows: Motion by Chairman Cafagna, and seconded by Agency Member Rexford, to approve the agreement between the Redevelopment Agency and Mark Cavagnero Associates for architectural services for the art center, train depot and multi-tenant restaurant in the Old Poway Master Plan, but not to proceed on final design of the farmers market and to only preserve a place for a future farmers market in that location; further, to continue the relationship with Poway Midland Railroad Volunteers, Community Fine Arts Advisory Committee, among others, during design and construction phases of the project. Motion carried unanimously by the Agency Board. 12. CITY MANAGER ITEMS Special Counsel Steve Eckis announced the need for the City Council to add an emergency item to the agenda relating to the protection of the sewer line in Rattlesnake Creek. The need for immediate action arose after the posting of the agenda on Friday, January 14, 2005 and requires a 2/3 vote of the Council pursuant to Government Code 954954.2. Motion by Deputy Mayor Emery, and seconded by Councilmember Higginson to add item 12a. as an emergency item. Motion carried 5/0. 12a. Resolution Finding and Declaring the Existence of an Emergency Within the City of Poway and Waiving the Notice and Bidding Requirements in Connection with Repairs Required Thereby. 8293 Page 6 - CITY OF POW A Y - January 18, 2005 City Manager Bowersox gave a staff report explaining that during the last rainstorm, significant damage to the new earthen channel next to Community Road occurred in an area where sewer line crosses the channel, at about the midpoint of the new channel work. Both Development Services and Public Works staff feel that this poses an imminent potential for the sewer line to break and dump raw sewage into the creek. After meeting with the Regional Water Quality Board and Army Corps of Engineers staff they also agreed that something needed to be done to protect the sewer line. They have approved emergency permits to allow the repairs that are needed. Motion by Deputy Mayor Emery, and seconded by Council member Higginson to approve Resolution 05-005 of the City of Poway, California, Finding and Declaring the Existence of an Emergency within the City and Suspending Notice and Bidding Requirements in Connection with Repairs Required Thereby. Motion carried unanimously. 12b. City Manager Bowersox thanked Council member Rexford for her support of staff in Council meetings. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Councilmember Boyack reported on her attendance at the League of California Cities conference for new council members. 15a. Council member Rexford requested and received Council concurrence for the appointment of Michael Fry as a member to the Parks and Recreation Advisory Committee. 15b. Further, Councilmember Rexford reported on meetings with the legislature in Sacramento relating to housing and redevelopment issues. 15c. Council member Rexford requested staff obtain copies of two videos: a presentation that appeared on the History Channel about the Poway Midland Railroad, and a copy of the video program developed by Tierra Bonita Elementary sixth grade students. ADJOURNMENT M,y"' C"'9"' ,djo"m,d th, moot;"9 ,t "20 p.mJ( ~ wik L. Diane Shea, City Clerk City of Poway, California 8294