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CC 2001 10-30CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY ~COUNCIL REGULAR MEETING OCTOBER 30, 2001 The October 30, 2001, 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. COUNClLMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Shafer Robert Clark Niall Fritz Jim Howell Deborah Johnson Mark Sanchez Leonard Zuniga Dennis Quillen Javid Siminou Patti Brindle Mike Robinson Dan Cannon Jennifer Johnson City Manager Deputy City Manager City Clerk: City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Lieutenant Assistant Director of Public Works City Engineer City Planner Senior Traffic Engineer Public Works Operations Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATION Mayor Cafagna presented an Employee Suggestion Award for energy savings to replace incandescent light bulbs with compact fluorescent ilight bulbs at ail City facilities to Tom Cullifer. - 7387 Page 2 - CITY OF POWAY - October 30, 2001 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person was present wishing to speak: Howard Stacklin, 13249 Tobiasson Road, expressed his views on peace and the war. CONSENT CALENDAR Mayor Cafagna noted that a citizen had requested Item #12 be removed from the Consent Calendar for discussion. Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to approve the remainder of the Consent Calendar as follows: 8. Ratification of Warrant Register for the period: of October 8-12,2001. (401-10) Approval of Minutes - City Council October 9, 2001 - Regular Meeting 11. Approval of Donation of Motorcycle to the Sheriff's Museum and Educational Center. (1180-05) 13. Approval of the Budget Review Committee's Recommendation on Funding Library Operations in FY 01-02 and FY 02-03; and the appropriation of $86,000 from the Unappropriated General Fund to the Library Endowment Fund. (401-22/205-02) 14. Adoption of Resolution No. 01-096A - Respecting Authorized Officers Designated to Execute Public Securities, Instrument of Payment, and Investments on Behalf of the City, and Rescinding Resolution No. 96-108. (403-04) 15. Adoption of Resolution No. R-01-10 - Respecting Authorized Officers Designated to Execute Public Securities, Instrument of Payment, and Investments on Behalf of the Agency and Rescinding Resolution No. R-87-05. (403-04R) 16. Adoption of Planning Resolution No. P-01-56 - Comprehensive Sign Program 00- 02, Anytime Sign Systems, Applicant: A request to approve a Comprehensive Sign Program for the Poway Industrial Center located at 12215-12255 Kirkham Road. APNs 317-223-11 and 12. (203-15) 7388 Page 3 - CITY OF POWAY - October 30, 2001 17. Appointment of Eugenia Keefer, Community Group Representative, to the Performing Arts Advisory Committee for a one-year pedod beginning October 2001. (701-09) Motion carried unanimously. ITEM 1 (1301-07/602-01 #1500) AGREEMENT APAC TECHNOLOGIES RED LIGHT PHOTO ENFORCEMENT PROGRAM Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This item was initiated on September 25, 2001 and continued to October 9, 2001 and again to this evening. The Council authorized staff to implement a new red light photo enforcement program on September 25th. Staff had recommended approval of a contract with APAC technologies for a three-year initial period, extendable over two additional years. Council requested that a shorter initial term be developed using a monthly fee structure. The revised program provides for a shorter initial term with fixed fees. The initial term recommended is three years with provisions for cancellation after the first 12 and 18 month periods. It is further recommended that $82,800 (six months fixed fee costs) be appropriated from the unappropriated General Fund to cover initial program expenses. The following person was present wishing to speak: Tony AIIos, 11981 Old Pomerado Road, spoke in opposition to the program. Motion by Councilmember Higginson, seconded by iCouncilmember Rex'ford, to close the public hearing; appropriate $82,800 from the General Fund and authorize the City Manager to execute the agreement with APAC Technologies. Motion carried 4-1 with Mayor Cafagna voting "no." ITEM 2 (203-04) VARIANCE 01-10 APPLICANTS: PAUL AND LAUREL ACOSTA Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. This is a request to increase the allowable fence height from six feet to eight feet for an existing unpermitted fence at 12310 Kozy Crest Lane. APN: 314-350-30. Subsequent to the preparation of the staff report, a letter was received from the applicants requesting that one of the conditions of approval be deleted. The condition in question is C.3 of Section 3. 7389 _ Page 4 - CITY OF POWAY - October 23, 2001 Earlier in 2001, the applicants constructed the eastedy portion of the six-foot-high block wall that is the subject of Variance 01-10. However, the wall has exacerbated a drainage problem on the south side of the park. Water is now blocked from flowing onto the applicant's property. Therefore, a condition was added to the proposed Resolution requiring that the applicants resolve the drainage problem. The Acosta's state in their letter, that they feel the subject condition is unrelated to the request for a Variance for increased wall height. The following people were present wishing to speak: Paul and Laurel Acosta, 12310 Kozy Crest Lane, spoke in support of the variance and in opposition to the condition requiring the drainage problem be corrected. Development Services Director Fritz and City Engineer Siminou responded to questions of the Council. Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. P-01-57, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 01-10 Assessor's Parcel Number 314- 350-30." Motion carried unanimously. ITEM 3 (704-10) STATUS REPORT ILLEGAL ENCAMPMENTS Staff report by City Manager Bowersox. Staff provides the Council with quarterly reports on the status of illegal encampment activities within the City. This report represents information from the third quarter covering July through September, 2001. Staff recommends the report be received and filed. Motion by Deputy Mayor Goldby, seconded by Councilmember Rexford, to receive and file the report. Motion carried unanimously. ITEM 4 (1204-15) BUEHLER RESERVOIR LANDSCAPING PLAN APPLICANT: CITY OF POWAY Staff report by City Manager Bowersox. This is a follow-up to the October 24, 2000 City Council report regarding landscaping of the Buehler Reservoir site, addressed as 14350 Danielson Street. A plan to install irrigation and landscaping is presented along with 7390 Page 5 - CITY OF POWAY - October 30, 2001 the funding sources that include the three telecommunications companies that have been authorized to locate on the reservoir site. Concerns about landscaping of the reservoir site had been raised initially at the Council meeting of September 26, 2000, in discussion and approving Conditional Use Permit (CUP) 00-08 for Sprint PCS to place telecommunications facilities at the Buehler Reservoir. There was no one present wishing to speak. Motion' by Councilmember Emery, seconded by Deputy Mayor Goldby, to approve the conceptual landscape plan of native materials in combination with tall evergreen trees and authorize staff to proceed with preparation of final landscape, irrigation plans and installation of the landscaping. Motion carried unanimously. ITEM 5 (1110-07) POWAY ROAD DISTRICT IDENTIFICATION PROGRAM (SIGNAGE) Staff report by City Manager Bowersox. The City and Chamber of Commerce co- sponsored three town meetings earlier this year entitled, "Poway's Road to Success." The purpose of the meetings was to gather business people, property owners, and surrounding residents to explain the City's Commercial Rehabilitation Loan Program, what the City is and is not doing along Poway Road, to hear from others about what is working or not working for them as business people, and what the City could do to help. One of the main issues was signage and business identification. The purpose of this report is to obtain approval on a proposed business district identification program on Poway Road to help promote businesses within each district. The objective of the proposed signage program would be to highlight the entry into each district via a unified sign program. Businesses could help refine their location in advertisements by noting their location; for example, within the "Town Center District." Development Services Director Fritz and Redevelopment Agency Director Johnson responded to questions of the Council. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to refer this item back to staff to bring back a prototype for the Auto District and Town Center District. Motion carried unanimously. ITEM 6 (602-01 #318R) AGREEMENT ELDERHELP OF SAN DIEGO AFFORDABLE HOUSING ASSISTANCE 7391 _ Page 6 - CITY OF POWAY - October 30, 2001 Introduction by Mayor Cafagna. The Affordable HoUsing Assistance and Referral Program was initiated in 1991 and administered by North County Lifeline until the current fiscal year, when they advised the city they were no longer available to provide contract services. A Request for Proposals for program services was prepared and distributed to five potential service providers. A Subcommittee was establish;ed to review, evaluate and score the completed proposals, and conduct interviews with the potential service providers. The Subcommittee included members from the Redevelopment and Housing Advisory Committee, Weingart Senior Center and Soroptomist International. Consistent with the recommendation of the Subcommittee, staff is recommending a new one-year contract with ElderHelp of San Diego be approved. Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve staff recommendation and adopt Resolution No. 01-097, entitled, "A Resolution of the City Council of the City of Poway, California, Making Certain Requisite Findings that the Affordable Housing Assistance and Referral Program is of Benefit to the Redevelopment Project Area." Motion carried unanimously. ITEM 7 (1403-11/701-09) DESIGNATION OF HERITAGE TREES Introduction by City Manager Bowersox. On April 4, 2000, the Council adopted an Urban Forestry Ordinance establishing policies, regulationS, and generally accepted standards for planting, trimming and removal of trees. New provisions in the City's Urban Forestry Ordinance, including the establishment of a Tree Committee, qualified the City to receive a designation as a Tree City USA from the California Department of Fire and Forestry in 2000 and 2001. One of the responsibilities of the Tree Committee is to identify Heritage Trees in the City of Poway for recommendation to the Council. The Tree Committee established criteria and a list of potential Heritage Trees in the community. Following an inspection of each candidate tree, the Tree Committee independently rated the candidate trees. Scores were compiled and each candidate tree ranked. At their August 9, 2001 meeting, the Poway Tree Committee selected those trees ranked one through four as the final list of Heritage Trees to recommend to the Council. Poway Tree Committee member, Dee Fleischman, provided the Council with a Powerpoint presentation recommending the Kent Sycamore, IPoway Oak, Sycamore Grove in Old Poway Park and Porter's Christmas Tree be designated. The Committee will consider potential Heritage Trees to be added to the list on an ongoing basis. Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt Resolution No. 01-098 entitled, "A Resolution of the City Council of the City of Poway, California, Designating Heritage Trees in the City of Poway." Motion carried unanimously. 7392 Page 7 - CITY OF POWAY - October 30, 2001 ITEM 12 (1207-01) PROPOSED LOCATIONS I N STALLATIO N BUS BENCHES/TRANSIT SCHEDULES Mayor Cafagna noted that this item had been pulled for discussion by citizen, Dee Fleischman. Dee Fleischman, 15070 Pomerado Road, inquired as to whether there would be a shade structure provided at the stop on Espola Road by Olid Coach and whether a stop would be located on Pomerado at Kaitz Street. Motion by Mayor Cafagna, seconded by Councilmember Emery, to approve the proposed locations for the installation of new bus benches and transit schedule displays. Motion carried unanimously. CITY MANAGER ITEMS 18. City Manager Bowersox noted that the check was received from the Poway Partners Limited in the amount of $1 million plus approximately $85,000 in interest for the Wet'N Wild :* Water Park project that did not come to fruition. CITY ATTORNEY ITEMS 19. City Attorney Eckis requested the following Closed Sessions be held: A. Conference with Real Property Negotiator Government Code §54956.8 Property: 14303 Sycamore Avenue, APNs 314-182-24,50,51 Negotiating Parties: James L. BowerSox on behalf of the Poway Redevelopment Agency, Buyer Rudolph and Maxine Matz Family Trust, Seller Under Negotiation: Price and Terms of Purchase Conference with Real Property Negotiator Government Code §54956.8 Property: 13420 Community Road, APN 317-101-25 Negotiating Parties: James L. BowerSox on behalf of the Poway Redevelopment Agency, Buyer Eric Murphy on behalf of E&E Transportation, Inc., Seller Under Negotiation: Price and Terms of Purchase 7393 Page 8 - CITY OF POWAY - October 30, 2001 Co Conference with Real Property Negotiator Government Code §54956.8 Property: 12237 Old Pomerado Road, APNs 317-232-22,36,39 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer Humam Shihadeh, Seller Under Negotiation: Price and Terms .of Purchase Conference with Real Property Negotiator Government Code §54956.8 Property: 13646 Somerset Road, APNs 314-241-15,16,17 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer Sybil Crook, Seller David Crook, Negotiator Under Negotiation: Price and Terms of Purchase CLOSED SESSION Mayor Cafagna called for Closed Session as requested by City Attorney Eckis at 8:25 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:59 p.m. with all members present and adjourned the meeting at 9:00 p.m. upon motion by Councilmember Higginson, seconded by Councilmember Emery. L~riJAnne P~ople~ City-cler~ city of Poway -- 7394