CC 2005 08-30
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
AUGUST 30, 2005
The August 30, 2005, Regular Meeting of the City Council of the City of Poway, was
called to order at 7:04 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
COUNCILMEMBERS ABSENT
None
STAFF MEMBERS PRESENT
James L. Bowersox
Penny Riley
Tamara Smith
Diane Shea
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
George Beitey
Jim Lyon
Kristen Crane
Paolo Romero
PLEDGE OF ALLEGIANCE
City Manager
Assistant City Manager
City Attorney
City Clerk
Director of Community Services
Director of Development Services
Director of Public Works
Director of Redevelopment Services
Director of Safety Services
Sheriff's Lieutenant
Assistant Planner
Assistant to the City Manager
Management Assistant
Deputy Mayor Emery led the pledge of allegiance.
PRESENTATIONS
Mayor Cafagna presented a proclamation declaring September 2005 as Emergency
Preparedness Month to Director of Safety Services Mark Sanchez.
CITY COUNCILMEMBER ANNOUNCEMENTS
Council member Boyack congratulated Arianna Afsar, who was the first runner-up for Miss
America Outstanding Teen. Councilmember Boyack also called attention to the new traffic
pamphlet that was prepared by Development Services, also available on the City's website.
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Councilmember Rexford congratulated Cub Scout Pack 608 who celebrated their 50th year in
an event at Lake Poway.
Deputy Mayor Emery gave a restaurant review of Victor's Kafe.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedures for Public Oral Communications. The following
person spoke:
Barbara Johnson, Alpine Drive, Poway, questioned revenue relating to certain spaces in
Poway Royal Mobilehome Park.
CONSENT CALENDAR
Items 11 through 19. Motion by Councilmember Rexford seconded by Deputy Mayor Emery
to approved the Consent Calendar as submitted. Motion carried unanimously.
11. Ratification of Warrant Reqisters forthe periods of July 11 through July 15, 2005, July
18 through July 22,2005, July 25 through July29, 2005 and August 1, through August
5, 2005. (0475-20)
12. Approval of Minutes - City Council
August 2, 2005 Regular Meeting
August 4, 2005 Adjourned Regular Meeting
August 9, 2005 Canceled Regular Meeting
13. Approval of Minutes - Redevelopment Agency
August 2, 2005 Regular Meeting
August 4, 2005 Adjourned Regular Meeting
August 9, 2005 Canceled Regular Meeting
14. Adoption of Resolution No. P-05-56, entitled: "A Resolution of the City Council of the
City of Poway, California Approving Temporarv Use Permit 05-53 to hold the Poway
High School Homecoming Parade" on October 7,2005 from 10:00 a.m. to 2:30 p.m.,
along Espola Road, Titan Way and Riparian Road, Poway High School Associated
Student Body, Applicant. (0210-60)
15. Approval of a five-year agreement with the County of San Diego for the California
Identification Svstem/Remote Access Network (CAL-ID/RANl Proqram. (0700-10)
16. Acceptance of the Aubrev Park Phase I Project (#5657) Bid No. 05-007, from Sierra
Pacific West, Inc. (0700-10)
17. Adoption of Resolution No. P-05-57, entitled: "A Resolution of the City Council of the
City of Poway, California Approving Temporary Use Permit 05-54 to hold the Annual
Poway Days Events" from September 1 through September 30,2005. City of Poway
Community Services Department and Poway Chamber of Commerce, Applicants.
(021000)
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18. Approval of request to re-appropriate the use of Transportation Development Act
(TOM Funds in the amount of $90,647.13 from CIP project number 1246: and
$95,552.87 from CIP project number 1283; and $13,800 from project number 1288 to
a new Bus Shelter Construction project. Additionally, appropriate $606,565.13 from
CIP project number 1283 to a new Bus Shelter Maintenance project and request
approval from MTS and SANDAG to re-designate the use of these funds. (0480-10)
19. Award of contract to Atlas Fence Companv for guardrail repairs at various locations
within the City. (0700-10)
CONTINUED PUBLIC HEARING
ITEM 2 (0700-10/0610-50)
AMENDMENT TO SALE & OPERATING AGREEMENT
DETERMINATION OF RELIEF OF BURDEN
POWAY ROYAL MOBILEHOME PARK
APN 317-471-09,14
Mayor/Chair Cafagna noted that the public hearing had been opened at the August 16, 2005
City Council/Redevelopment Agency meeting and was continued to this date. City
Manager/Executive Director Bowersox presented the staff report. The action is to determine
that the sale of Poway Royal to Wakeland Housing and Development Corporation relieves a
burden of government, and to agree to the amended Sale and Operating Agreement with
Wakeland Housing.
Jim Mitchell, 530 B Street #2400, San Diego, objected to several areas of the agreement and
the procedure, and requested a continuance for 30 days to review the amended agreement.
Morrie Iskowitz, EI Rey Vista, Poway, stated he has contacted several federal agencies as
well as the congressional delegation. The residents want the opportunity to purchase the
park.
Motion by Deputy MayorNice Chair Emery, seconded by Council member/Director Boyack to
close the public hearing and determine that the sale of Poway Royal to Wakeland Housing
will relieve a burden of government, authorize the City Manager/Executive Director to sign an
amended Sale and Operating Agreement, and adopt Resolution No. 05-081 entitled, "A
Resolution of the City Council of the City of Poway Recognizing and Approving the Activities
of Wakeland Housing and Development Corporation ("Wakeland") (or an Entity Formed by
Wakeland) with Respect to the Poway Royal Mobilehome Park", and adopt Resolution No. R-
05-11 entitled, "A Resolution of the Poway Redevelopment Agency Recognizing and
Approving the Activities of Wakeland Housing and Development Corporation ("Wakeland") (or
an Entity Formed by Wakeland) with Respect to the Poway Royal Mobilehome Park." Motion
carried unanimously.
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Agenda items 3, 7 and 8 were heard simultaneously.
PUBLIC HEARING
ITEM 3 (0700-10)
UNDERWOOD AND ASSOCIATES
CONSULTING AGREEMENT
CAPITAL CAMPAIGN TO RAISE FUNDS
COMMUNITY FINE ARTS EDUCATION CENTER
Mayor/Chair Cafagna opened the public hearing. City Manager/Executive Director Bowersox
presented the staff report explaining that the City of Poway is seeking to build a Community
Fine Arts Education Center on land that is owned by the Redevelopment Agency. The cost
for building and furnishing the Arts Center is estimated at over $7 million. The City Council
approved $1.125 million in Redevelopment funds as seed money to build the Arts Center, but
additional money is required. To facilitate the construction and furnishings of the Arts Center,
a three-phase fundraising process is proposed that will establish the 501 (c)(3), test the
probability of raising capital from private sector donors to fund the construction of the Arts
Center, then begin a capital fund raising campaign.
Judith Blanchard, Midland Road, spoke on the importance of art and supported the Arts
Center.
Valerie Raymond, Poway, asked for volunteers for help in the operation of the Center.
Bill Faye, Pebble Canyon, Poway, displayed a sculpture from his own collection and noted the
importance of art.
LaVonne Misner, Sanders Court, San Diego, North County Society of Fine Arts spoke on the
benefits of art.
Brenna Sheehan, Valle Verde Road, Poway, voiced strong support for the Arts Center.
Greg Brandalise, Poway Road, Poway, supported the Arts Center and spoke on the benefits
of the classrooms in the proposed ArtsCenter.
Dee Fleischman, Midland Road, supports the Arts Center, but questioned some of the
architectural features.
There were 35 other supporters of the project, not wishing to speak.
Motion by Councilmember/Director Rexford and seconded by Deputy Mayor/Vice Chair
Emery to close the public hearing, and authorize the City Manager/Executive Director to
execute the agreement with Underwood and Associates and approve the appropriation of
$362,050 from the City's General Fund (100-8912) and loan to the Redevelopment Agency
Capital Improvement Fund #438, appropriate $362,050 from Fund 438's Undesignated Fund
Balance (438-8912) as a loan to the Community Fine Arts Education Center 501(c)(3), to be
repaid from the proceeds of a fund raising campaign that would raise money for the
construction of the Community Fine Arts Education Center. Motion carried unanimously.
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ITEM 4 (0210-50)
MODIFICATION CONDITIONAL USE PERMIT 00-006M(2)
POWAY MITSUBISHI & HYUNDAI SERVICE DEPARTMENT
13864 AND 13910 POW A Y ROAD
APNs 323-201-22 AND 323-203-20
APPLICANT: MARK ABELKOP
Mayor Cafagna opened the public hearing. City Manager Bowersox presented the staff
report. The applicant is requesting approval to extend the hours of operations for the existing
Poway Mitsubishi and Hyundai auto dealership located at 13864 and 13910 poway Road.
The property is zoned Automotive/General Commercial (NGC) and is located within the
Poway Road Specific Plan Area. The existing hours of operation for the Service Department
are Monday through Friday, 7:30 a.m. to 6:00 p.m. The applicant requests to extend the
hours to Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday from 8:00 a.m. to 5:00
p.m. The applicant was unable to attend the meeting tonight and requested the item be
continued.
Vivian Harrington, Poway Road, supports the extended hours saying they have been very
good neighbors.
Monica Vuong, Cicero Court, Poway, opposes the extended hours because of her experience
with existing noise problems with the Toyota dealership.
Sue Young, P. O. Box 1394, Poway, is concemed because of the noise she currently
experiences with the Toyota dealership.
Motion by Councilmember Higginson and seconded by Councilmember Rexford to continue
the public hearing to September 13, 2005. Motion carried unanimously.
ITEM 5 (0700-10)
REIMBURSEMENT AGREEMENT
PUBLIC SEWER IMPROVEMENTS IN CORTE DOROTEA
APNs 275-380-15,16,17,18 AND 19
APPLICANTS: PROPERTY OWNERS
Mayor Cafagna opened the public hearing. Ronald Majeske & Beatriz Huber-Majeske, Edwin
A. Andress, Michael & Mary Hoffman, and John & Barbara Trimmer, collectively referred to as
"Applicants", have requested the City process a Reimbursement Agreement to cover a portion
of the cost of construction of a public sewer line extension in Corte Dorotea.
There was no one present wishing to speak on this item.
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Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to close the public
hearing and approve the Reimbursement Agreement and authorize the Mayor to execute said
agreement. Motion carried unanimously.
STAFF REPORTS
ITEM 6 (0750-10)
QUARTERL Y ENCAMPEMENT REPORT
SECOND QUARTER
City Manager Bowersox presented the staff report. Staff provides the City Council with
quarterly reports on the status of illegal encampment activities within the City. This report
represents information from the second quarter of 2005, covering April through June.
There was no one present wishing to speak on this item.
City Council consensus was to receive and file the report.
ITEM 7 (0200-20)
DEVELOPMENT REVIEW 05-02
FINE ARTS EDUCATION CENTER
MIDLAND ROAD AND TEMPLE STREET
APNs: 314-220-02,03,34 and 35
CITY OF POWAY, APPLICANT
This item was heard simultaneously with items #3 and #8. Speakers on all three items listed
under item #3.
City Manager Bowersox presented the staff report. On April 5, 2005, the City Council
approved DR 05-03 (Train Depot) and DR 05-04 (Cafe) in the Old Powayarea. The City
Council continued DR 05-02 to allow some changes to the design of the Community Fine Arts
Education Center. The Center will be located on the northeast comer of Midland Road and
Temple Street, within the boundaries of the Old Poway Park and in the OS-R zone.
Motion by Councilmember Rexford and seconded by Deputy Mayor Emery to approve the
construction of the Fine Arts Education Center and adopted Resolution No. P-05-58 entitled,
"A Resolution of the City Council of the City of Poway, California, Approving Development
Review (DR) 05-02 Assessor's Parcel Numbers 314-220-02, 03, 34 and 35." Motion carried
unanimously.
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ITEM 8 (0430-50)
APPROPRIATION AND BENEFITS RESOLUTIONS
CITY OF POWAY/POWAY REDEVELOPMENT AGENCY
CAPITAL IMPROVEMENT PROGRAM
This item was heard simultaneously with Items #3 and 7 on this agenda. Please see
speakers listed under Item #3.
City Manager/Executive Director Bowersox gave the staff report. The subject resolutions will
amend the City's Capital Improvement Program originally adopted on January 15, 2002, and
last updated with adoption of the amended FY 2005-06 Financial Plan, by appropriating funds
for new projects and amending funding on previously approved projects.
Motion by Council member/Director Rexford and seconded by Deputy MayorNice Chair
Emery to adopt resolutions as follows: Resolution No. 05-082 entitled, "A Resolution of the
City Council of the City of Poway, California, Approving a Revised Capital Improvement
Program Budget for Fiscal Year 2005-2006", Resolution No. 05-083 entitled, "A Resolution of
the City Council of the City of Poway, Califomia, Determining that the Community Road Law
Office Site Work is of Benefit to the Paguay Redevelopment Project"; Resolution 05-084
entitled, "A Resolution of the City Council of the City of Poway, California, Determining that
the Old Poway Park Parks Maintenance Facility is of Benefit to the Paguay Redevelopment
Project"; Resolution No. R-05-12, entitled, "A Resolution of the Poway Redevelopment
Agency Approving a Revised Capital Improvement Program Budget for Fiscal Year 2005-
2006", Resolution R-05-13 entitled, "A Resolution of the Poway Redevelopment Agency
Determining that the Community Road Law Office Site Work is of Benefit to the Paguay
Redevelopment Project", and Resolution R-05-14 entitled "A Resolution of the Poway
Redevelopment Agency, Determining that the Old Poway Park Parks Maintenance Facility is
of Benefit to the Paguay Redevelopment Project." Motion carried unanimously.
ITEM 9 (0700-10)
POWAY COMMUNITY DAY FIREWORKS AGREEMENT
FIREWORKS & STAGE FX AMERICA, INC.
City Manager Bowersox gave the presentation. The fireworks display agreement between
Fireworks & Stage FX America, Inc. and the City of Poway expired on June 4, 2005. With the
addition of fireworks to Community Day festivities, an agreement that encompasses the
additional displays is prudent at this time.
Connie Messina, Oak Knoll Road, opposes the fireworks because they frighten animals. She
suggested the use of laser displays instead.
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Motion by Deputy Mayor Emery and seconded by Councilmember Boyack to waive the policy
requiring a competitive bid process and authorize the City Manager to enter into a three-year
agreement with Fireworks & Stage FX America, Inc., for the provision of firework displays
during Poway Community Days in the amount of $15.000 for each display with provisions in
the agreement for contract cost increase, and further to approve the fireworks contract if
Fireworks & Stage FX America can provide proper insurance to the Poway Unified School
District, notify the neighborhood of the fireworks, and obtain approval of the test shots by
Safety Services. Motion carried unanimously.
ITEM 10 (0210-90)
CROCKER ROAD DRAINAGE ISSUES
STATUS REPORT
Deputy Mayor Emery disqualified himself from this item due to a conflict of interest in that he
owns property within 500 feet of the property being discussed in this item. City Manager
Bowersox gave the status report. The City was first made aware of the drainage issues when
a group of residents from the area contacted City staff to field review Crocker Road following
the heavy rainstorms last winter. Over the past months, staff has maintained close contact
with the Crocker Road residents to address their issues. Several neighborhood meetings
were held to offer assistance so that new development does not worsen the drainage, erosion
and siltation, and that new development helps to improve conditions as much as possible.
Mr. Bowersox outlined the steps taken to help solve this issue. The City Council received the
report.
CITY MANAGER ITEMS
20. City Manager Bowersox announced that the City of Poway will be receiving an award
from the San Diego and Imperial Counties Chapter of the American Public Works
Association for the Poway City Hall project.
Mr. Bowersox congratulated Sheriff's Lieutenant George Beitey on the return home of
his son on August 3151 following his service in the United States military in Iraq. The
City congratulated George and his family and thanked his son for his service.
CITY ATTORNEY ITEMS
21. Closed Session:
City Attorney Smith requested a closed session for the following:
A. PUBLIC EMPLOYEE EMPLOYMENT
Government Code 954957
Position to be filled: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Government Code 954957.6
Agency Representative: Mayor
Unrepresented Employee: City Manager
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
23A. Councilmember Rexford asked the City Council for the City's support in helping the
victims of Hurricane Katrina. Council referred the item to staff.
25A. Deputy Mayor Emery gave his restaurant review of Victor's Kafe under City
Councilmember Announcements.
26A. Mayor Cafagna received concurrence from the Council for his recommended date of
Thursday, October 13, 2005 for a Town Hall Meeting and directed staff to proceed.
(0710-05)
26B. Mayor Cafagna requested and received Council concurrence for the appointment of
Joe Balding to the Redevelopment and Housing Advisory Committee. (0120-60)
26C. Mayor Cafagna asked for and received Council concurrence, over the objection of
Deputy Mayor Emery, to direct staff to bring an item back on a future agenda regarding
revising the City Council meeting schedule.
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 8:38 p.m. as requested by the City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:50 p.m., with all Council members
present. There was no reportable action arising from the Closed Session.
ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:51 p.m.
X~e~e~
City of Poway, California
8475