CC 2005 05-24CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MAY 24, 2005
The May 24, 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, and Mickey Cafagna
COUNCILMEMBERS ABSENT
Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Tamara Smith
Diane Shea
Sherrie Worrell
Warren Shafer
Robert Clark
James Howell
David Narevksy
Mark Sanchez
Charlie Campe
Patti Brindle
Javid Siminou
Kristen Crane
Paolo Romero
FLAG SALUTE
City Manager
Assistant City Manager
City Attorney
City Clerk
Deputy City Clerk
Director of Administrative Services
Director of Community Services
Director of Public Works
Redevelopment Manager
Director of Safety Services
Sheriffs Captain
City Planner
City Engineer
Assistant to the City Manager
Management Assistant
Deputy Mayor Emery led the flag salute.
PRESENTATIONS
Recognition of Elwood "Woody" Norris, Winner of the 2005 Lemelson -MIT Prize. Mayor
Cafagna presented him with a plaque recognizing his accomplishments. Mr. Norris then
demonstrated one of his inventions, a directional sound amplification device.
Presentation of Service Award to Lorraine Gessel, Senior Administrative Assistant (20
years). The Mayor presented Ms. Gessel with a gift from the City for her 20 years of
dedicated service with thanks from the City Council.
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Video presentation of the Lake Poway Youth Fishing Derby 2005. The video was
presented.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. There was no
one wishing to speak.
CONSENT CALENDAR
Motion of Councilmember Higginson and seconded by Deputy Mayor Emery to approve the
Consent Calendar, Items 6 through 10.
6. Ratification of Warrant Register for the period April 25 -29, 2005. (0475 -20)
7. Approval of Minutes — City of Powav
May 3, 2005 Regular Meeting
May 5, 2005 Canceled Adjourned Regular Meeting
9. Adoption of Resolution No. 05 -041, entitled: "A Resolution of the City Council of the
City of Poway, California, Approving Program Supplements No. M009 and M010
and Authorizing the City Manager to Execute Said Agreements" to administer
Federal Aid Project related to the 2003 Cedar Fire Damage. (0700 -10)
10. Approval of Neighborhood Loan Program for the Corte Dorotea Area Sewer
Improvement Project. (0490 -10)
Motion carried 4 -0 with Councilmember Rexford absent.
PUBLIC HEARINGS
ITEM 1 (0200 -60)
ENVIRONMENTAL ASSESSMENT
TENTATIVE TRACK MAP 04 -04
APPLICANT: BOB LAMAGNO
14425 MIDLAND ROAD
APN: 314 - 193 -22
Councilmember Boyack disqualified herself from hearing the matter because of a conflict of
interest due to the close proximity of one of her client's property to the subject property.
She left Council Chambers during this item.
Mayor Cafagna opened the public hearing. City Manager Bowersox and City Planner Patti
Brindle presented the staff report.
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Approval of this project would subdivide a 3.31 -acre property at 14425 Midland Road into
five (5) lots that would measure approximately 20,000 square feet in size. The property is
located on the northeast comer of Aubrey Street and Midland Road, within the Residential
Single- Family 2 (RS -2) and Rural Residential C (RR -C) zones, and the Old Poway Specific
Plan area. The property is also partially located within the floodway and floodplain.
Because the property is primarily located within the RS -2 zone, it has been designed to
comply with the development standards for the RS -2 zone. The RR -C portion represents
the area within the floodway and floodplain.
No one was present wishing to speak on this public hearing.
Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to adopt
Planning Resolution P -05 -35 entitled, "A Resolution of the City Council of the City of
Poway, California, Approving a Mitigated Negative Declaration and Tentative Tract Map
(TTM) 04 -04 Assessor's Parcel Number 314 - 193 -22." Motion carried 3 -0 with
Councilmember Boyack disqualified and Councilmember Rexford absent.
STAFF REPORTS
ITEM 2 (0200 -20)
DEVELOPMENT REVIEW 04 -09 APPEAL
APPELLANT: GRC ELECTRONICS
APN: 317 - 271 -26
City Manager Bowersox provided the staff report. This is an appeal by the property owner
of a condition of approval of DR 04 -09, requiring the installation of a 5- foot -wide sidewalk
on Dearborn Place and Gregg Street in conjunction with the construction of a 4,066 -
square -foot industrial office building. The subject 0.53 -acre property is located in the LI
zone of the South Poway Specific Plan, on the southwest corner of Dearborn Place and
Gregg Street.
Greg Capelo, 14082 Valley Springs Road, Poway, spoke in support of his appeal.
Motion by Deputy Mayor Emery and seconded by Mayor Cafagna to deny the appeal,
approve the Development Review 04 -09, and adopt Planning Resolution P -05 -36 entitled,
"A Resolution of the City Council of the City of Poway, California Denying the Appeal and
Approving Development Review (DR) 04 -09 Assessor's Parcel Number 317 - 271 -26"
approving with conditions and amended to include that the property owner has the option
to install the sidewalks now or agree to have a Covenant on his property to allow him to
install the sidewalks at a later date when the Redevelopment Agency or the City Council
decide that sidewalks should be installed in the location of Dearborn Place and Gregg
Street. Motion carried 4 -0 with Councilmember Rexford absent.
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ITEM 3 (0700 -10)
APPROVAL OF SERVICE RATES ADJUSTMENT
EDCO WASTE & RECYCLING SERVICE
City Manager Bowersox presented the staff report. The solid waste franchise agreement
allows EDCO Waste and Recycling Services to submit an annual application for a rate
review, when necessitated by an increase in the Consumer Price Index or a change in
landfill disposal costs. The agreement also required EDCO to collect an AB 939 pass -
through fee to fund the City's Household Hazardous Waste (HHW) /Electronic Waste
Collection Program. EDCO has submitted a request for an annual rate adjustment,
effective July 1, 2005, for residential, commercial, and other special services and fees,
which are consistent with the provisions of the franchise agreement. Additionally, staff
recommended a $0.17 increase to the AB 939 fee, which has been incorporated into the
residential rate schedule, to provide sufficient funding forthe City's HHW /Electronic Waste
Collection Program.
Nick Stavros, 13639 Jack Rabbit Road, Poway, objected to the rate increase and supports
a citizens' committee to investigate the increase of fees.
Motion by Deputy Mayor Emery and seconded by Councilmember Higginson to adopt
Resolution 05 -039 entitled, "A Resolution of the City Council of the City of Poway,
California Approving an Adjustment to EDCO Waste and Recycling Services' Rate
Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement, and
Rescinding Resolution No. 04 -041" approving with conditions. Motion carried 4 -0, with
Councilmember Rexford absent.
ITEM 4 (0520 -70)
PUBLIC AGENCY RETIREMENT SYSTEM
SUPPLEMENTAL RETIREMENT PLAN
PHASE II SYSTEMS
City Manager Bowersox presented the staff report. This item was introduced to the City
Council as an informational item at their May 10, 2005 meeting. This is the consideration
of adoption of a resolution for establishment of a supplemental retirement plan for all Non -
Safety employees to be administered by Phase II Systems, PARS Trust Administrator. The
change is pursuant to the multi -year collective bargaining agreement approved last year.
The plan was designed to support the City's goal of being able to recruit and retain high -
quality employees to ensure good public service.
There was no one wishing to speak on this issue.
Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to adopt
Resolution 05 -040 entitled, "A Resolution of the City Council of the City of Poway,
California, Authorizing the Establishment of a Public Agency Retirement System (PARS)
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Supplemental Retirement Plan to be Administered by Phase II Systems, PARS Trust
Administrator' approving and amended to include the provision that City Council Members'
benefit will not become effective until following the November 2006 election when the new
City Council is seated.
ITEM 5 (0910 -10)
REQUEST FOR REHEARING
OF UNDERGROUND WAIVER 05 -01
LOT 17, IN HIGHLANDS RANCH COMMUNITY
APN: 272 - 761 -17
APPLICANT, MEDI MOHAMMADI
City Manager Bowersox presented the staff report. On April 12, 2005, the City Council
approved Underground Waiver 05 -01. On May 9, 2005, the applicant submitted, pursuant
to Chapter 2.21 of the Poway Municipal Code, a request for rehearing of the City Council
action.
Medi Mohammadi, applicant, presented information to the Council to support the request
for rehearing.
Motion by Councilmember Higginson and seconded by Mayor Cafagna to grant a
rehearing. Motion carried 4 -0 with Councilmember Rexford absent.
ITEM 5.1 (0700 -10)
REPORT ON SALE OF POWAY ROYAL ESTATES
EXCLUSIVE NEGOTIATING AGREEMENT
13300 ALPINE DRIVE
APN: 317-471-09,14
City Manager Bowersox gave a status report on the sale of Poway Royal Estates. The City
Council entered into an Exclusive Negotiating Agreement (ENA) with Millennium Housing
on April 5, 2005. Subsequently, Millennium Housing has elected not to move forward and
withdrew from the purchase of Poway Royal Estates. Another purchaser for the park must
be selected. Wakeland Housing was the second runner -up in the Poway Royal review
panel selection.
The following people spoke in opposition of the City Managers recommendation for
selecting Wakeland Housing, and urged the Council to allow the residents to purchase the
park themselves:
Morrie Itzkowitz, 12816 El Rey Vista, Poway
Johnny Gonzales, 13217 Dana Vista, #124, Poway
Sherry Wilks, 12824 Granada Dr., Poway
Larry Harper, Murrieta
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Motion by Deputy Mayor Emery and seconded by Councilmember Boyack to authorize the
City Manager /Executive Director to execute an Exclusive Negotiating Agreement with
Wakeland Housing to negotiate terms for the purchase of Poway Royal Estates in a form
acceptable to the Redevelopment Agency Special Legal Counsel. Motion carried 4 -0 with
Councilmember Rexford absent.
MAYOR AND CITY COUNCIL - INITIATED ITEMS
13. Councilmember Boyack requested and received City Council concurrence to direct
staff to arrange for a City Council workshop to discuss the format, issues, time and
location for holding the first town meeting.
16A. Deputy Mayor Emery provided a restaurant review on Ichiban Sushi Restaurant.
16B. Deputy Mayor Emery requested and received City Council concurrence to continue
the MTS Report: Opening of the Mission Valley East Line on July 8, 2005, to the
next City Council meeting.
ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:05 p.m.
errie D. Worrell, Deputy City Clerk
City of Poway, California
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