Loading...
CC 2008 03-04 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 4, 2008 The March 4, 2008, Regular Meeting of the City Council of the City of Poway was called to order at 7'05 p.m. by Mayor Cafagna at the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT Merrilee Boyack, Bob Emery, Don Higginson, Betty Rexford, and Mickey Cafagna STAFF MEMBERS PRESENT Rod Gould City Manager Penny Riley Assistant City Manager Lisa Foster City Attorney Diane Shea City Clerk Bob Manis Director of Development Services Kevin Haupt Director of Public Works Tina White Director of Administrative Services Dena Fuentes Director of Redevelopment Services Mark Sanchez Director of Safety Services Todd Frank Sheriff's Captain Patti Brindle City Planner Frank Casteleneto City Engineer Jennifer Lewis Sr Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the pledge of allegiance. CITY COUNCILMEMBER ANNOUNCEMENTS . Poway Bob's Restaurant Review' Deputy Mayor Emery reviewed Maui Express restaurant located on Poway Road. . Mayor Cafagna said that he has missed the past few City Council meetings because of a recent surgery He continues to recover and will be back to full strength soon PUBLIC ORAL COMMUNICATIONS Val Derkach, Poway, reported a fire hydrant covered by a tree and asked for the City's help to make the hydrant fully accessible. Ed Carboneau, Poway, complained about Poway Toyota and said he will picket the business this weekend, Page 2 - CITY OF POWAY - March 4,2008 PUBLIC HEARINGS 1 Ordinance No. 671 - Second Reading, Entitled: "An Ordinance of the City of Poway, California, Amending Chapters 13.09, 16.41 through 16.50, and 16.100 through 16.108 of the Poway Municipal Code Concerning Stormwater Management and Discharge Control, Excavation and Grading, and Standard Urban Stormwater Mitigation Plan." (0870-50) On February 5, 2008, the City Council introduced and held the first reading of Ordinance No 671 as titled above All Councilmembers were present except Mayor Cafagna. Public testimony was received from one person. Motion by Councilmember Higginson and seconded by Councilmember Rexford to close the public hearing, waive further reading of the ordinance, and adopt Ordinance No 671 Mayor Cafagna stated he was not present at the first reading but has reviewed the record on this item and is prepared to vote on the matter Motion carried unanimously by a roll call vote. 2. Ordinance No. 672 - First Reading, Entitled: "An Ordinance of the City of Poway, California, Amending Title 2, Chapter 2.04 of the Poway Municipal Code by the Amendment of Section 2.04.020 to Increase the Compensation ofthe Members of the City Council and the Mayor." (0520-20/0740-20) Diane Shea, City Clerk, presented the staff report, City Council policy has been to have staff perform a review of councilmember and mayor salaries every two years. The Council compensation is governed by the California Government Code which allows salaries to be increased in an amount up to 5% per year for each calendar year since the last compensation adjustment. The last adjustment was in 2006 A survey was conducted of Council salaries in all San Diego County cities except City of San Diego. Poway's compensation was below the City's compensation goal of being at the bottom of the top one-third of San Diego cities, The financial impact to the City is $106 per month per councilmember or approximately $6,400 annually The increase would not become effective until the seating of the new council after the November 2008 municipal election. Ed Carboneau, Poway, opposed to the salary increase Motion by Councilmember Rexford and seconded by Council member Higginson to take public input, waive further reading of the ordinance, introduce the ordinance and continue the public hearing to March 18, 2008 for second reading and adoption. Motion carried with Mayor Cafagna, Councilmember Rexford, and Councilmember Higginson voting "Aye", Councilmember Boyack voting "No" and Deputy Mayor Emery abstaining. Motion carried 3-1-1. Page 3 - CITY OF POWAY - March 4,2008 3. Environmental Assessment, 07-04; High Valley Emergency Access Road, City of Poway, Applicant: A request to construct an emergency access road through a City-owned parcel that will connect the western terminus of Eastvale Road to the eastern terminus of Sunset Mountain Way, within the Rural Residential-A zone. APN: 278-181-01. (078().()8) Jim Lyon, Senior Planner, presented the staff report, In March 2005, the City Council held a workshop to discuss a series of proposals to improve fire safety in the community, including the creation of emergency access routes. Staff analyzed where the potential routes could be constructed and created a CIP project for the High Valley area. As designed, the proposed emergency access route would begin at the intersection of Markar Road and Eastvale Road in High Valley and connect to the eastern terminus of Sunset Mountain Way, located within the Bridlewood subdivision with final access to Espola Road. The alignment would utilize an existing 1,400-foot- long concrete private drive and require the construction of a new 660-foot long, 16-foot- wide road segment though a 30-acre City-owned parcel that contains the Alta Mira Water Reservoir The new road surface will be covered with 8 inches of crushed aggregate and 4-foot shoulder on each side for a total improved width of 24 feet. Both ends of emergency access road will be gated and opened only in case of fire or other declared emergency Sandra Keithly, Poway, spoke of her concerns with the accessibility during an emergency with locked gates and wants to be assured fire trucks will be able to,.get to the High Valley area. Robert Welch, Poway, said his driveway is part of the access road and requested fencing to protect his private property Ralph Citrullo, Poway, wants restrictions on use of the road when not in use during an emergency Geoffrey Loeffler, Poway, suggested using an existing access route that has historically been used in the past. Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to close the public hearing; and adopt the Resolution No P-08-04 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment 07- 04 High Valley Emergency Access Road" and asked staff to look at the alternate route as suggested by Mr Loeffler Motion carried unanimously 4 Consideration to Approve the Act to Enter into a Site Lease Amendment and a Lease Amendment with the Redevelopment Agency in Connection with Refunding of 1995 Refunding Certificates of Participation (City of Poway 1991 Capital Improvement Project - Poway Royal Mobilehome Park); and Ordinance No. 673 - First Reading of an Uncodified Ordinance, Entitled: "An Ordinance of the City of Poway, Approving the Entering into by the City of Poway with the Poway Redevelopment Agency of a Site Lease Amendment and a Lease Amendment in Connection with the Poway Royal Mobilehome Park," (0440-10) Page 4 - CITY OF POWA Y - March 4, 2008 Dena Fuentes, Director of Redevelopment Services, presented the staff report. In 1995, the City and Redevelopment Agency refinanced the acquisition of the Poway Royal Mobilehome Park through the execution and delivery of 1995 Refunding Certificates of Participation (City of Poway 1991 Capital Improvement Project - Poway Royal Mobilehome Park) (the "1995 COPs"). By refunding all of the outstanding 1995 COPs through the execution and delivery refunding certificates (the "2008 COPs"), the City expects to generate debt service savings in excess of $500,000 annually In connection with the execution and delivery of the proposed 2008 COPs, the City and the Agency would enter into a Site Lease Amendment and a Lease Amendment. The Amendments will amend existing leases related to the 1995 COPs James Mitchell, attorney for the Poway Royal Mobilehome Park, objects to this action as the park is not in the redevelopment area and therefore is not allowed under the law Motion by Deputy Mayor Nice Chair Emery and seconded by Councilmember/Director Higginson to hold a public hearing to consider the Amendments, the City Council sitting as the Planning Agency adopt Resolution No. P-08-05 entitled, "A Resolution of the City Council of the City of Poway Acting as the Planning Agency Finding that a Site Lease Amendment and Lease Amendment in Connection with the Poway Royal Mobilhome Park Located at 13300 Alpine Drive, Poway, California, is in Conformity with the City's "General Plan" as amended and closed that portion of the public hearing, waived further reading of the Ordinance 673 and continued the public hearing on the Ordinance to March 18, 2008 for second reading and adoption, Motion carried unanimously 5 Conditional Use Permit 03-03M(2) and Development Review 03-04R(2); Poway Seventh Day Adventist Church, Applicant: A request for a revision to a previously approved project involving an approximate 4,920-square-foot expansion of an existing church. The church is located on a 2.29-acre lot at 13940 Pomerado Road and is in the RS-7 zone. APN: 314-132-07. (0210-30) City Planner Patti Brindle provided the staff report. In 2004, the City Council approved a request to expand the existing Seventh Day Adventist Church The expansion consisted of an additional of 3,000 square feet to the existing 4,000-square-foot church and the construction of a 50-foot tower A two-year time extension of that approval was granted in 2006 The current request is to allow a 4,920-square-foot expansion to the existing 4,000-square-foot church and the construction of a tower 50 feet and six inches in height. Motion by Councilmember Rexford and seconded by Deputy Mayor Emery to take public input, close the public hearing, and adopt Resolution No P-08-06 entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 03-03M(2) and Development Review 03-04R(2) and Rescinding Resolutions No P-04-24 and P-06-18 Assessor's Parcel Number 314-132-07" Motion carried unanimously Page 5 - CITY OF POWA Y - March 4, 2008 6 Minor Conditional Use Permit 96-06; Lori Cota, Owner and Henry Rosel Michael Pluel L TDC, LLC, Applicants: A request to consider modifications to or revocation of Minor Conditional Use Permit 96-06 for Premier Recovery Services, a vehicle repossession business that operates on the property located at 13977 Poway Road, within the Automotive/General Commercial zone. APN: 323-262-37. (0210-50) Councilmember Rexford disqualified herself from hearing and participating in this matter because of a potential conflict of interest. She left the dais and Council Chambers. Carol Rosas, Associate Planner, presented the staff report. The City has received continuous complaints regarding the operaton of Premier Recovery Services over the past two years from the residential neighborhood located south of their locations. Residents in the area complain about vehicle transport trucks associated with the business blocking access along Sudan Road while loadinglunloading vehicles and about the transport trucks driving through the neighborhood of Sudan Road and Chancellor Way, which are private streets. This is an annual review of MCUP 96-06 pursuant to Municipal Code section 1748050 for consideration of modifying the conditions of approval to ensure that the use will operate compatibility with the surrounding residential use or consider revocation of the permit. Robert Fisk, Poway, experiences problems with continued parking of their vehicles on the private road Jean Lupien, Poway, has had continued problems with them since 1997 with using the residential streets for the business parking and on-loading and off-loading of cars. Bernardo Gonzales, Poway, opposes renewing the MCUP because of safety issues caused by their vehicles blocking the roadways. Anthony DeMana, Poway, has safety concerns with the transport vehicles using the private roads for parking. He also noted the increased wear and tear on this road paid for by the residents Henry Rose, owner, said the City created the problem by painting the curbs red leaving them no other area to load and unload cars He asked for the City's help in finding a storage lot for their cars. Mike Plue, owner, said he is looking to move his business elsewhere Motion by Councilmember Higginson and seconded by Deputy Mayor Emery to continue this item for 45-60 days to allow the owner to explore an alternate site for auto storage, loading and unloading of vehicles. Motion carried 4-0 with Councilmember Rexford having disqualified herself due to a potential conflict of interest. Page 6 - CITY OF POWAY - March 4,2008 STAFF REPORTS 7 Consideration of Installing an All-Way Stop Control at the Intersection of Valle Verde Road and Solera WayNinter Way. (Q850.50) Director of Development Services Bob Manis presented the staff report. The Traffic Engineering staff received several requests from residents regarding the installation of a traffic signal at the intersection of Valle Verde Road and Solera WayNinter Way The requests were made in response to an accident involving a motorist and an 11-year old child, which occurred at the intersection on January 23, 2008 On February 13, the Traffic Safety Committee approved staff's recommendation for an all-way stop control at Valle Verde Road and Solera WayNinter Way intersection. Approximately 25 residents attended the meeting and the vast majority of residents were in favor of the recommendation. Eighty (80) letterslemails were received prior to this hearing, Twenty-one were in favor of the all-way control sign, and 59 were against its installation. Dale Stone, Poway, presented a PowerPoint presentation opposing the stop sign and disagreed with staff's evaluation Dr Sanford Behrens, Poway, opposed staff.recommendation and spoke of the risks and complications of rear-end collisions that would arise from the installation of the stop signs in this area Wayne Rounsavell, Poway, opposed the stop signs and suggested a road constriction instead Michael Richter, Poway, opposed the stop signs and suggested traffic calming measures. Charles Hill, Poway, supports staff recommendation stating this intersection is unsafe. C J Ross, Poway, said this is a dangerous intersection and supports the stop signs. Kelley Faley, Poway, spoke in support of the stop signs. Vanessa Springett, supports staff recommendation and hopes a traffic light is installed in the future Leslie Faley, Poway, supports the stop signs and said the speed needs to be controlled. Motion by Councilmember Higginson and seconded by Councilmember Boyack to deny staff recommendation and direct staff to bring the item back to Council with various methods to reduce speeds. Motion carried 4-1 with Deputy Mayor Emery voting "No " Page 7 - CITY OF POWAY - March 4,2008 8 Designation of City of Poway Fire Stations as Safe Surrender Sites Under the Safely Surrendered Baby Law (0350-30) In 2001, California Senate Bill 1368 became law and established the Safely Surrender Baby Program. The law established hospitals as safe haven sites and allowed counties to designate other facilities as safe haven sites. The purpose of the program is to encourage parents to bring unwanted infants, up to three days old, to reception centers for the child's safety In 2007, the San Diego County Board of Supervisors approved the designation of fire stations that are staffed full-time as safe haven sites. Motion by Deputy Mayor Emery and seconded by Council member Higginson to adopt Resolution No 08-009 entitled, "A Resolution of the City Council of the City of Poway, California, to Designate City of Poway Fire Stations as Safe Surrender Sites." Motion carried unanimously CONSENT CALENDAR: Motion by Councilmember Rexford and seconded by Councilmember Boyack to approve the Consent Calendar consisting of Items 9 through 19 as submitted Motion carried unanimously 9 Ratification of Warrant Register for the Period of January 21 through January 25, 2008 (0475-20) 10 Ratification of Warrant Register for the Period of January 28 through February 1, 2008 and February 4 through February 8, 2008 (0475-20) 11 Adoption of Resolution No. 08-008 entitled, "A Resolution of the City Council of the City of Poway, California, Ordering the Expansion of Poway Landscape Maintenance District 86-1 with the Annexation of APN 275-260-3000 with Written Consent of the Property Owner David M. Rickey as Described within Exhibit "A" Attached Hereto" and Direct the City Clerk to Record the Document with the County of San Diego. (0760-20) 12. Acceptance of the Semi-Annual Encampment Report for July through December 2007 (0750-10) 13 Approval of Consultant Agreement with Landmark Consulting for As-Needed Engineering and Surveying from March 4, 2008 through March 4,2009. (0700-10) 14 Acceptance of 2007-2008 Seal Coat Project (#407-4320) from Roy Allen Slurry Seal, Inc.; Authorize the City Clerk to File and Record Notice of Completion, Authorize the Release ofthe Retention in the Amount of $111 ,036.77; Release the Material and Labor Bond in the Amount of $1 ,076,926.52, and Retain the Western Surety Bond for Faithful Performance for a Period of One Year. (0700-10) Page 8 - CITY OF POWAY - March 4,2008 15 Acceptance of the Poway Center for the Performing Arts Illuminated Marquee Sign Project (CIP# 1553) from Fluoresco Lighting - Sign Maintenance Corporation; Authorize the City Clerk to File and Record Notice of Completion, Authorize the Release of Retention in the Amount of $5,757.10; Release the Material and Labor Bond in the Amount of $54,796.00; and Retain the Great American Insurance Company Bond for Faithful Performance for a Period of One Year (0700-10) 16 Acceptance of the First Phase of the Wastewater Collection Access Manhole Rehabilitation Program Under Zebron Contracting, Inc.; Authorize the City Clerk to File and Record the Notice of Completion; Release the Public Work Bond for Material and LaborlPublic Work Bond for Faithful Performance in the Amount of $259,010; Authorize the Release of Retention in the Amount of $25,900.36; and Confirm Staff May Proceed with the Second Phase of the Project. (0700-10) 17 Rejection of All Bids for the Water Treatment Plant Security System Upgrades - Phase 1 (CIP#1754) Bid No. 08-008 and Authorize Staff to Procure the Contract on the Open Market Pursuant to Public Contracts Code Sections 21066 and 20167 (0480-42) 18 Approval of Consultant Agreement Between the City of Poway and the Poway Redevelopment Agency, and Aguirre & Associates for As-Needed Surveying and Staking Services from March 4, 2008 through March 4, 2009 (0700-10) 19 Receive Report of Emergency Repair Expenditures Pertaining to the Witch Creek Fire and Continue the City Manager's Authorization to Make the Necessary Emergency Repairs Under Authority of Resolution No. 07-079, Adopted on October 25, 2007 (0320-30) CITY ATTORNEY ITEMS 21 CLOSED SESSION. A PUBLIC EMPLOYEE PERFORMANCE EV ALUA TION AUTHORITY: Gov. Code Sec. 54957 TITLE: City Manager City Council consensus was to not hear this item at this time but reschedule for a future City Council agenda closed session. ADJOURNMENT Mayor Cafagna adjourned the meeting at 9'45 p.m o ~~e~ City of Poway, California