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CC 2004 12-21 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 21, 2004 The December 21,2004, 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 City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT Don Higginson STAFF MEMBERS PRESENT Jim Bowersox Penny Riley Steve Eckis Jeanne Bunch Robert Clark Jim Howell Deborah Johnson Charlie Campe Warren Shafer Niall Fritz Peter Moote Patti Brindle Javid Siminou Kristen Crane Paolo Romero City Manager Assistant City Manager Special Counsel Deputy City Clerk Director of Community Services Director of Public Works Director of Redevelopment Services Sheriff's Captain Director of Administrative Services Director of Development Services Deputy Director of Administrative Services City Planner City Engineer Senior Management Analyst Management Assistant FLAG SALUTE Deputy Mayor Emery led the flag salute. PRESENTATION Mayor Cafagna presented a plaque to Interim City Clerk Jeanne Bunch in appreciation of her service to the City of Poway. 8272 Page 2 - CITY OF POWAY - December 21,2004 PUBLIC ORAL COMMUNICATIONS Howard Stacklin, 13149 Tobiasson Road, Poway, expressed concern with the water pressure in his area and a recent water leak at his residence. Ed Carboneau, 14073 Pomegranate, Poway, congratulated Councilmember Boyack on her recent election to the City Council and said he looked forward to new ideas on the Council. Connie Messina, 12643 Oak Knoll Road, Poway, expressed concern at the recent eviction notice served on Culley's Family Restaurant. Sherrie Anne Goldby, Senior Center Executive Director, 13094 Civic Center Drive, Poway, said pursuant to last week's discussion, she is working on an action plan and will submit her recommendations to the City Council in January concerning the consultant's report on the financial situation of the Poway Senior Center. Jay Goldby, 13237 Casa Vista, Poway, spoke concerning the importance of a quality Senior Center for Poway citing examples in Escondido and San Marcos. CONSENT CALENDAR Motion by Councilmember Rexford, and seconded by Councilmember Boyack to approve the Consent Calendar as follows, with the exception that Item 10 be acted upon separately and that Item 13 be removed: 7. Ratification of Warrant Register for the periods of November 15 to November 19, 2004 and November 22 to November 26,2004. (0475-20) 8. Award of StormwaterlWastewater Spoils Removal, Transport, and Disposal Contractto PSC Environmental Services for a not-to-exceed amount of$14,720.00 for the contract year 12/21/2004 through 12/21/2005 and authorize the City Manager to execute the necessary documents. (0700-10) 9. Receive and file the Summary of 2004 Legislative Session. (0740-60) 11. Adopting of Resolution No. 04-104, entitled "A Resolution of the City Council of the City of Poway, California Granting a Subterranean Easement for the Emergency Water Storage Project Pipeline to the San Diego County Water Authority, its Successor and Assigns" and direct the City Clerk to cause a certified copy of the Resolution to be recorded in the Office of the San Diego County Recorder. APN: 320-201-23 (0780-40) 12. Authorize the City Manager to execute a contract between the City of Poway and Health Metrics, Inc. to conduct the Validation of Physical Abilities Test Requirements for Classification of Firefighter/Paramedic. (0700-10) 8273 Page 3 - CITY OF POW A Y - December 21 , 2004 13. Approval of an agreement between the Poway Redevelopment Agency and Mark Cavagnero Associates to prepare construction drawings, specifications, cost estimates, and construction administration for an art center, train depot, Farmers' Market, and multi-tenant restaurant in the Old poway Master Plan Area, in the amount of $ . (Item removed from Agenda) (0700-10) 14. Acceptance of the Demolition Contract with Watkins Contracting, Inc., for the City Office Building Phase 2/3 Project (#1539). (0700-10) Motion carried 4-0, with Councilmember Higginson absent. ITEM 10 (0210-60) TEMPORARY USE PERMIT 04-99 APPLICANT: POWAY GIRLS SOFTBALL LEAGUE Mayor Cafagna said this Consent Calendar item will be considered at this time as several people asked to speak. City Manager Bowersox presented the staff report and recommendation of approval, subject to conditions. This is a request by the Poway Girls Softball League to use the vacant parcel at the northwest corner of Espola Road and Old Coach Road for practice ball fields while the new Aubrey Park sports fields are under construction. The following persons spoke concerning this item. Sean McGoey, 16490 Bridelwood Road, Poway, was concerned with lighting and traffic as this parcel is near his home. John Sedej, 17000 Butterfield Trail, Poway, a member of the Old Coach Association, was concerned about long term plans for open space at the corner of Espola and Old Coach. He asked that their association be notified of any plans for the area. Marge Knothe, 13724 Sagewood Drive, Poway, was opposed to the temporary use permit as she felt the City had enough fields. She questioned when the backstops would be removed and when the practice games would begin. Jerry Hargarten, 13622 Orchard Gate, Poway, spoke in support of the request. Nick Stavros, 13639 Jackrabbit Road, Poway, felt the park was too small for such a use. In addition he felt an investigation should be undertaken concerning the misuse of funds for parks. At the request of Mayor Cafagna, City Manager Bowersox responded to concerns expressed and answered Council questions concerning the active/passive nature of City parks. 8274 Page 4 - CITY OF POWAY - December 21, 2004 Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to adopt Planning Resolution No. P-04-96, entitled: "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 04-99 for the Establishment and Temporary Use of Practice Ball Fields." Motion carried 4-0, with Councilmember Higginson absent. NEW PUBLIC HEARINGS Special Counsel Eckis said that prior to consideration of Item #1, Councilmember Boyack, pursuant to State Law, must disclose in writing that she has an ownership interest in real property within the redevelopment project area. Councilmember Boyack read a letter into the record disclosing ownership interest in real property located within the Poway Redevelopment Project Area. (0715-05) ITEM 1 (0240-30) REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN FOR 2005 TO 2009 Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report and recommendation that the City Council/Redevelopment Agency approve the Redevelopment and Housing Implementation Plan for 2005 to 2009. The Plan describes the proposed public, private and public/private projects that occurred since the mid-term update in 2002 and the proposed projects for the next five-year period. The Plan also discusses the use of the Agency's Low- and Moderate- Housing funds and requirements for inclusionary housing production, replacement housing and proportionality tests. Council expressed support of the plan, but was concerned about the impact of affordable housing projects on schools and with test scores at Midland and Valley elementary schools. City Manager Bowersox said reports from the City-School District joint subcommittee will be added as a regular agenda item. The following person spoke concerning this hearing. Nick Stavros, 13639 Jackrabbit Road, Poway, expressed concern over the fact that Midland School had to cancel one of their academies due to costs. Council discussed affordable housing projects and their impact on the schools. Executive Director Bowersox said staff will continue to work closely with Poway Unified School district to assure that students from Agency assisted developments do not affect the provision of a high standard of education for all Poway students. Motion by Mayor Cafagna, seconded by Rexford to close the public hearing and approve the City Manager's recommendation. Motion carried 4-0, with Council member Higginson absent. 8275 Page 5 - CITY OF POWAY - December 21,2004 ITEM 2 (0490-53) APPROPRIATION OF FUNDS PUBLIC SAFETY (COPS) PROGRAM CITIZEN'S OPTION Mayo Cafagna opened the public hearing and City Manager Bowersox presented the staff report and recommendation to appropriate $100,000 from the Supplemental Law Enfor ement Services Fund (249) to offset the cost of two Sheriff's positions for FY 04-05. No on asked to speak concerning this item. Motion by Council member Rexford, seconded by Deputy Mayor Emery, to close the public hearing, and approve the City Manager's recommendation. Motion carried 4-0, with Council member Higginson absent. ITEM 3 (0210-30) CONDITIONAL USE PERMIT 04-17 APPLICANTS: STEPHEN & GAIL ALBERT Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report and recommendation for approval. This is a request to establish a church (Child Centered Church) in an existing 1,350-square-foot tenant space within a multi-tenant commercial center, located in the Town Center (TC) zone, at 13380 Poway Road (Poway Valley Center). APN: 317-101-15. No one asked to speak concerning this item. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public hearing and adopt Planning Resolution No. P-04-97, approving with conditions. Motion carried 4-0, with Councilmember Higginson absent. ITEM 4 (0210-70) VARIANCE 04-12 APPLICANT: NER TAMID SYNAGOGUE Mayor Cafagna opened the public hearing and City Manager Bowersox presented the staff report and recommendation for approval. This is a request to allow an 8-foot wall to buffer the Synagogue property from the adjacent residence along the southwesterly property line. The synagogue property is located at 15318 Pomerado Road within the Rural Residential C zone. APN: 314-370-37. 8276 Page 6 - CITY OF POWAY - December 21,2004 The following person spoke concerning this item. Garrett Vanderziel, 15359 La Manda Drive, Poway, spoke concerning the height of the wall. City Manager Bowersox reviewed the processes that led up to the variance request. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public hearing, and adopt Planning Resolution No. P-04-98, approving with conditions. Motion carried 4-0, with Council member Higginson absent. STAFF REPORTS ITEM 5 (0490-53) APPROPRIATION OF STATE PARKS GRANT FUNDS TO CAPITAL IMPROVEMENT PROJECTS City Manager Bowersox presented the staff report and recommendation of approval forthe following projects: 1. Appropriate $21,144 to CIP 1669, Hilleary Park Playground Renovation. 2. Appropriate $25,000 to a new CIP, Community Park Playground Lighting. 3. Appropriate $67,000 to a new CIP, Lake Poway Upper Play ground Renovation. 4. Appropriate $70,000 to a new CIP, Community Park Auditorium Divider Wall. 5. Appropriate $30,000 to CIP 1292, Iron Mountain Staging Area. 6. Reduce the Grand appropriation in CIP 1671, Kumeyaay-Ipai Interpretive Site, by $4,460. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve the City Manager's recommendation. Motion carried 4-0, with Councilmember Higginson absent. ITEM 6 (0700-05) IMPLEMENTATION STRATEGY BROADCASTING CITY COUNCIL MEETINGS City Manager Bowersox reviewed the staff report and recommendation that Council direct staff to prepare a Request-for-Proposal to select a consultant to prepare technical equipment specifications, develop a timeline for broadcasting City Council meetings, and provide specialized assistance throughout implementation. The following persons spoke concerning this item. Dee Fleischman, 14428 Midland Road, Poway, supported the proposal; however, opposed spending money to train staff & Council as some cities do. 8277 Page 7 - CITY OF POW A Y - December 21 , 2004 Barbara Lange, 13531 Del Marino, Poway, supported the proposal and offered her assistance as a consultant who designs technical equipment specifications for televising meetings. Nick Stavros, 13639 Jackrabbit Road, Poway, spoke in support ofthe proposal utilizing the franchise fee from Cox Communications as a funding source and working with Palomar College for implementation. Marge Knothe, 13724 Sagewood Drive, Poway, supported the proposal and suggested that access to public records be made available on the Internet. Jay Goldby, 13287 Casa Vista, Poway, said he is now an active supporter of televising Poway City Council meetings. Connie Messina, 12643 Oak Knoll Road, Poway, was supportive of the proposal. Motion by Councilmember Rexford, seconded by Councilmember Boyack to approve the City Manager's recommendation and that web-based technology be explored as well as cablevision technology. Motion carried 4-0, with Councilmember Higginson absent. CITY MANAGER ITEMS 15. City Manager Bowersox pointed out the new City Seal placed on the wall behind the Councilmembers. He thanked the Council and community for their support during 2004 and reviewed upcoming activities and projects for 2005, which included a workshop in January to discuss Council goals and objectives for 2005. In addition, a new Budget Review committee will soon be appointed for the next two-year budget cycle. CITY ATTORNEY ITEMS 16. Special Counsel Eckis congratulated the Council on their new City Council chambers. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17. Council member Boyack extended her thanks to Interim City Clerk Jeanne Bunch for her assistance during the election. She said she was enjoying the new Council Chambers and extended thanks to city staff for their participation in Candyland. 18. Councilmember Rexford also extended thanks and appreciation to staff for another successful Candyland event and for their involvement in dedicating the new "Community Fine Arts Center" sign in Old Poway Park. 8278 Page 8 - CITY OF POWAY - December 21,2004 20. a. Deputy Mayor Emery requested Council support in directing staff to implement the Cedar Fire commemorative plaque program. (0710-40) Council concurred with the Deputy Mayor's recommendation (Councilmember Higginson absent). b. Deputy Mayor Emery asked that an ordinance be prepared to prohibit alcohol at youth parties on City Property. Barbara Lerma, 12877 Carriage Road, Poway, spoke in support of the recommendation and thanked Deputy Mayor Emery for introducing this item. Council concurred to direct staff to review current ordinances and implement changes as appropriate (Councilmember Higginson absent). c. Deputy Mayor Emery suggested that guidelines be implemented for sale of Poway Royal Mobilehome Park. Council concurred to direct staff to include in sale guidelines the importance of retaining the low rents in this affordable housing project (Councilmember Higginson absent). 21. Mayor Cafagna congratulated staff for their involvement in Candyland and Christmas-in-the-Park. a. A Regional Governance update was not presented. (0150-20) ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:58 p.m. Bunch, Deputy City Clerk City of Poway, California 8279