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CC 2005 06-28 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 28, 2005 The June 28, 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, Betty Rexford, and Mickey Cafagna COUNCILMEMBERS ABSENT Don Higginson STAFF MEMBERS PRESENT James Bowersox Penny Riley Tamara Smith Diane Shea Warren Shafer Robert Clark Dennis Quillen Deborah Johnson Charlie Campe Patti Brindle Kristen Crane Paolo Romero FLAG SALUTE City Manager Assistant City Manager City Attomey City Clerk Director of Administrative Services Director of Community Services Assistant Director of Public Works Director of Redevelopment Services Sheriffs Captain City Planner Assistant to the City Manager Management Assistant Deputy Mayor Emery led the flag salute. CITY COUNCILMEMBER ANNOUNCEMENTS Deputy Mayor Emery gave a restaurant review of the newly reopened and relocated Cully's Restaurant in the Lively Shopping Center. Council member Rexford announced she attended the Chamber of Commerce Installation meeting and welcomed the 2006 president. Mayor Cafagna announced that he would be adjourning today's meeting in memory of Victor "Vic" Leo Hengeveld, better known as Poway's Uncle Sam, who passed away on June 20th. He formerly owned Poway's Lighting Experience, and was an active member of the Poway Midland Railroad Volunteers. 8428 Page 2 - CITY OF POWAY - June 28, 2005 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedures for Public Oral Communications. The following people spoke: Robyn Wilson, 13624 Aubrey Street, Poway, cited problems with the Poway Girls Softball League at Aubrey Park related to inadequate parking and unreasonable noise beginning at 7:00 a.m. She asked Council to live up to their promises about Aubrey Park and prohibiting play prior to 9:00 a.m. Johnny Gonzales, 13217 Dana Vista, #124, Poway, directed his comments specifically to Deputy Mayor Emery on the sale of Poway Royal Mobilehome Park. Adrienne Regard, 14908 Espola Road, Poway, thanked the City Council for the trails which she uses regularly with her horse. CONSENT CALENDAR Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve the Consent Calendar including items 7 through 13. 7. Ratification of Warrant ReQister for the period of May 30 through June 3, 2005. (0475-20) 8. Approval of Minutes - City Council June 7,2005 Regular Meeting June 9, 2005 Joint Workshop with Parks and Recreation Committee 10. Approval of Amendment to Employment AQreement for the City Clerk. (0700-10) 11. Award of Bid for Water Treatment Plant Chemicals - FY 2005/2006 to: Thatcher Company of California for Liquid Alum in the amount of $51,508; Pioneer Americas for Liquid Chlorine in the amount of $57,456; Thatcher Company of California for Potassium Permanganate in the amount of $19,354.50; Univar USA Inc., for Liquid Sodium Hydroxide in the amount of $92,840; and Brenntag Pacific for Aqua Ammonia in the amount of $12,326. (0610-80) 12. Adoption of Resolution No. 05-071, entitled: "A Resolution of the City Council of the City of Poway, California, Authorizing the Destruction of Certain Documents in Administrative Services, City Clerk's Office, City Manager's Office, Community Service, Development Services, Public Works, Redevelopment and Safety Services Departments. (0170-20) 13. Acceptance of the Boca Raton Reservoir Proiect (#1743) from Spiess Construction. The Reservoir is located at 17301 Butterfield Trail. (Continued from June 14, 2005, Item #10.) (0700-10) Motion passes 4-0 with Councilmember Higginson absent. 8429 Page 3 - CITY OF POW A Y - June 28, 2005 CONTINUED PUBLIC HEARINGS ITEM 1 (0430-40) FY 2005/2006 & FY 2006/2007 COMPREHENSIVE FINANCIAL PLAN This item was removed from the agenda as was calendared in error. The FY2005/2006 and FY2006/2007 was adopted at the June 21, 2005 City Council meeting. ITEM 2 (0750-95/#624) ORDINANCE NO. 624 - FIRST READING ADDS POWAY MUNICIPAL CODE SEC. 12.26 USE OF STREETS FOR VEHICLE DELIVERY Mayor Cafagna opened the public hearing and read the title of Ordinance No. 624, "An Ordinance of the City of Poway, California, Adding Chapter 12.26 to the Poway Municipal Code to Restrict Automobile Dealerships from the Use of Streets for Vehicle Delivery." City Manager Bowersox presented the staff report. The unloading of vehicles from delivery trucks to automobile dealerships on Poway Road and on streets adjacent to Poway Road is a common occurrence that has created a number of problems related to public safety and disruption to adjacent residential neighborhoods. The addition of a restriction to the Poway Municipal Code, which will prohibit such activity, is proposed to alleviate the problem. In the interest of providing an alternative method for the delivery of vehicles to the automobile dealerships, the City, in partnership with the automobile dealerships, is establishing an automobile delivery and transfer facility on a site located in the South Poway Business Park. The facility will provide a location where vehicles can be delivered, then driven to the dealerships. Item #5 on this agenda is a companion item which is an agreement regarding the use of the storage and transfer station. Dee Fleischman, 14428 Midland Road, Poway, voiced her concems about car carriers traveling on Midland Road and asked for a "no through trucks" rule in some areas. Motion by Deputy Mayor Emery and seconded by Councilmember Rexford to waive further reading of the Ordinance, and continue the public hearing to July 19, 2005 for second reading and adoption of the Ordinance. Motion carried 4-0 with Councilmember Higginson absent. 8430 Page 4 - CITY OF POWAY - June 28,2005 ITEM 3 (0700-10) DISPOSITION AND DEVELOPMENT AGREEMENTS COMMUNITY ROAD AFFORDABLE MULTI-FAMILY HOUSING AND OFFICE BUILDING Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff report. Starting in 2001, the Poway Redevelopment Agency began acquiring properties on Community Road at Hilleary Place in order to assemble a site large enough to accommodate an affordable multi-family development. The Agency has successfully acquired approximately five acres on which approximately three acres is developable and proposed to accommodate both a multi-family affordable housing and a commercial building. The Agency approved an Exclusive Negotiating Agreement on October 26, 2004 with Community HousingWorks (CHW) to negotiate a Disposition and Development Agreement (DDA). The DDA outlines the terms under which the Agency will ground lease the multi-family housing site to CHW and the amount of Agency assistance. Staff worked with CHW to design the development of both the housing and office portions of the proposed project, which required two separate agreements. The construction contract for the office building site work is being finalized and a staff report will be brought back for City Council consideration. Sue Reynolds, representing Community HousingWorks, complimented the City and staff for their work on this project and urged Council's support. Motion by Council member Boyack and seconded by Councilmember Rexford to close the public hearing and adopt the following four resolutions: Resolution No. 05-069 entitled, "A Resolution of the City Council of the City of Poway Consenting to the Approval of a Disposition and Development Agreement by and between the Poway Redevelopment Agency and Community HousingWorks, and Making Certain Findings in Connection Therewith"; Resolution No. R-05-09 entitled, "A Resolution of the Poway Redevelopment Agency Approving a Disposition and Development Agreement by and between the Poway Redevelopment Agency and Community HousingWorks, and Making Certain Findings in Connection Therewith"; Resolution No. 05-070, entitled "A Resolution of the City Council of the City of Poway Consenting to the Approval of a Disposition and Development Agreement by and between the Poway Redevelopment Agency and A La Carte, Inc., and Making Certain Finding in Connection Therewith"; and Resolution No. R-05-10 entitled, "A Resolution of the Poway Redevelopment Agency Consenting to the Approval of a Disposition and Development Agreement by and between the Poway Redevelopment Agency and A La Carte, Inc., and Making yertain Finding in Connection Therewith", and further authorized the expenditure of $1,500,000 from the Agency's Housing Fund Unappropriated Fund Balance (471-8912) to Project (5982A), and authorized the City Manager/ to execute all necessary documents. Motion carried 4-0, with Councilmember absent. 8431 Page 5 - CITY OF POWAY - June 28,2005 ITEM 4 (0210-50) MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 03-62R MINOR CONDITIONS USE PERMIT (MCUP) 03-005M 18880 OLD COACH WAY APN: 276-140-11 AND 12 APPLICANT: JONATHAN WEISZ Mayor Cafagna opened the public hearing. City Manager Bowersox and City Planner Brindle presented the staff report. The applicant is requesting approval to revise a single-family residence project, with a lighted tennis court, which was previously approved by the City Council. The request involves establishing a private baseball field, instead of constructing a residence on the site. The baseball field would be an accessory use to the applicant's residence on the adjacent lot, which is under construction. The baseball field would be lighted with the same type of lighting fixtures that would be used for a tennis court. Jeff Lake, 15643 Oakstand Road, Poway, supports the project and urged Council to approve. The neighbors have been notified of this project and there has been no objection. Chris Rowe, 18101 Old Coach Road, Poway, spoke in support of the project and stated there are no negative impacts to the area related to this project. Jonathan Weisz, applicant and property owner, asked for Council support. He stated he originally purchased the lot to build a home to sell. Instead, he wishes to have a baseball field for friends and family use. Motion by Mayor Cafagna to close the public hearing, approve the project, and adopt the resolution. Motion failed for lack of a second. Motion by Deputy Mayor Emery, seconded by Councilmember Boyack to close the public hearing, and deny the request to establish a private, lighted baseball field. Motion passes 3- 1, with Mayor Cafagna voting "No" and Councilmember Higginson absent. STAFF REPORTS ITEM 5 AUTO STORAGE FACILITY LEASE & OPERATING AGREEMENTS 13875 KIRKHAM ROAD APN: 323-501-02 (0700-10) City Manager Bowersox gave the presentation. This is Council/Agency Board consideration of the final Operating Agreement, Lease Agreement, and Management Plan negotiated by and between the Poway Redevelopment Agency and the nine (9) franchise auto dealers located in Poway. The dealers have combined to form the Poway Auto Dealers Association, which is a Limited Liability Company established for the purpose of leasing the Agency-owned storage facility located in the Poway Business Park at 13875 Kirkham Road. 8432 Page 6 - CITY OF POWAY - June 28, 2005 Alan Sweetow, 13747 Poway Road, representing Poway Road of Cars thanked staff for their work on this issue to allow an area to park the incoming new cars. Toni Kraft, Poway Chamber of Commerce, thanked staff for their hard work to bring this project together. Motion by Deputy Mayor Emery and seconded by Councilmember to approve the Operating Agreement, Lease Agreement, and Management Plan and authorize the City Manager to execute all necessary documents. Motion carried 4-0 with Councilmember Higginson absent. ITEM 6 (0150-30) SAN DIEGO COUNTY WATER AUTHORITY TUNNEL CONSTRUCTION HOURS City Manager Bowersox presented the staff report. At the City Council meeting of April 26, 2005, John McCullough of the San Diego County Water Authority (SDCW A) presented a brief overview of this project. After his presentation, Council discussed the hours of construction, among other issues. Tunnel construction is planned Monday through Saturday from 7:00 a.m. to 7:00 p.m. Members of the City Council and residents of Beeler Canyon objected to the 7:00 p.m. hour and believed the tunnel construction hours should reflect the 6:00 a.m. to 6:00 p.m. hours approved for Vulcan Materials. City Council consensus was to reaffirm the six concessions SDCWA has already made to minimize the potential construction impacts on the residents of Poway and to allow the construction hours to remain as requested by SDCWA at 7:00 a.m. to 7:00 p.m. Councilmember Rexford disagreed and Councilmember Higginson was absent. CITY MANAGER ITEMS 14. City Manager Bowersox thanked the City Council for 25th and 26th approved budgets last week. CITY ATTORNEY ITEMS 15. City Attorney Smith reported that the City has filed a validation action to seek Court approval of the June 14 City Council action approving the bonds relating to the sale of Poway Royal. The City Attorney also reported she is meeting with the City Clerk and Redevelopment Services staff to ensure that all documents approved for destruction in Item #12 of this Council agenda, do not contain any Poway Royal documents. 8433 Page 7 - CITY OF POWAY - June 28, 2005 MAYOR AND CITY COUNCIL -INITIATED ITEMS 19A. Deputy Mayor Emery gave his restaurant review at the beginning of the meeting under City Councilmember Announcements. 19B. Deputy Mayor Emery gave an update on AB 903 (De La T OITe ) Telecommunications. The City Council received the update with consensus to direct staff to monitor AB 903 and the congressional debate regarding telecommunications regulatory issues and report back to Council periodically. (0750-55) Deputy Mayor Emery asked staff to make sure when a park is closed that it be made apparent by closing the gate and posting signage. ADJOURNMENT: The Mayor adjourned the meeting in memory of Vic Hengeveld at 8:11 p.m. c1) k ~ea, C"Cl'~ City of Poway 8434