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.
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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.
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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.
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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.
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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.
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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.
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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.
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City of Poway
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