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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. 8467 Page 2- CITY OF POWAY - August 30,2005 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) 8468 Page 3- CITY OF POWAY - August 30,2005 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. 8469 Page 4- CITY OF POWAY - August 30,2005 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. 8470 Page 5- CITY OF POW A Y - August 30, 2005 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. 8471 Page 6- CITY OF POW A Y - August 30, 2005 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. 8472 Page 7- CITY OF POWAY - August 30,2005 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. 8473 Page 8- CITY OF POW A Y - August 30, 2005 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 8474 Page 9- CITY OF POWAY - August 30,2005 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