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CC 2003 04-29CITY OF POWAY, CALIFORNIA MINUTES OF THE CiTY COUNCIL REGULAR MEETING APRIL 29, 2003 The April 29, 2003, 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 Poway Community Library - Meeting Room, 13137 pOway Road, Poway, California. COUNCILMEMBERS PRESENT Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Steve Eckis Lori Anne Peoples Warren Shafer Niall Fritz Dennis Quillen Deborah Johnson Mark Sanchez Linda Barnett David Narevsky Javid Siminou Patti Bdndle Scott Edwards Paolo Romero City Manager Deputy City Manager City Attorney City Clerk Director of Administrative Services Director of Development Services Assistant Director of Public Works Director of Redevelopment Services Director of Safety Services Sheriff's Captain Redevelopment Manager City Engineer City Planner Sr. Management Analyst Intern - City Manage¢s Office PLEDGE OF ALLEGIANCE Deputy Mayor Rexford led the Pledge of Allegiance. PRESENTATION Mayor Cafagna presented a $3,000 check to Poway High School's Parent Teacher Student Association and Grad Nite Committee members for their Annual Grad Nite event. 7804 Page 2 - CITY OF POWAY - April 29, 2003 Mayor Cafagna then presented Council with a plaque received at a recent SANDAG meeting from the American Lung Association, "Platinum Lung Public Health Award - City of Poway - for highest excellence in achieving smoke-free workplaces for 2003? PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person was present wishing to speak: Barbara Lerma, 12877 Carriage Road, representing the Poway Woman's Club, thanked Council for the Proclamation presented to the club for their 45th Annual Convention. CONSENT CALENDAR Mayor Cafagna announced that a request had been received from the public to remove Item 14 from the Agenda for discussion. Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to approve the Consent Calendar as follows: 12. Ratification of Warrant Register for the Period of March 31 through April 4, 2003. (401-10) 13. Approval of Comprehensive Annual Financial Report for Fiscal Year 2001- 2002. (406-02) 15. Approval of Temporary Water Connection for 14840 Midland Road, Darryl and Joyce Anderson, Applicant. APN: 314-650-03. (1204-04) 16. Approval of Final Map for Tentative Tract Map 89-13R, The Heritage, Phase 1, Unit 4 and Adoption of Resolution No. 03-024 - Annexation into Landscape Maintenance District 86-1 and City of Poway Lighting District, Zones A and C; Old Coach Realty, Inc., Applicant. APNs: 277-171-33 and 277-171-35. (203-01/705-09/705-10) 17. Approval of Report of Administrative Action Taken on City Council-Initiated and Public Inquiry Items for the Period of January 1 through March 31, 2003. (701-10) 17.1 Designation of Voting Delegate for the League of California Cities Special Meeting on May 15, 2003. (1503-22) 7805 Page 3 - CITY OF POWAY - April 29, 2003 17.2 Approval of Position on Pending Legislation - Project Kidsafe: Support AB 39/SB 878 Child Pornography, AB 402/SB 879 Child Pornography, AB 633/SB 884 Crimes, AB 730/SB 876 Sexually Violent Predators: Definition, AB 1439/SB 877 Criminal Procedure: Discovery, AB 1440/SB 880 Murder: Special Circumstances, AB 1441/SB 52 SAFE Teams, AB 1442/SB 881 Parole: Global Positioning System, AB 1443/SB 882 Offenses Against Minors, AB 1444/SB 883 Forensic Identification, AB 1445/SB 885 Sex Offenders, AB 1446/SB 886 Child Care: Standards. . (701-11) Motion carried 4-0 with Councilmember Higginson absent. ITEM 1 (203-13/203-02) ENVIRONMENTAL ASSESSMENT TENTATIVE PARCEL MAP 01-07 APPLICANT: RICHARD BLOUNT Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide a 34.57-acre site into two parcels. The property is located at 17600 Old Coach Road. A Negative Declaration, indicating no significant adverse environmental impacts are expected, is recommended for approval. ^PN: 277-071-06 and 13. This item was continued from April 22, 2003, Item #1. The following people were present wishing to speak: Richard Blount, 468 Rudd Road, Vista, partial owner and; Carlos Royal, 1745 Victoria Way, San Marcos, partial owner, both spoke in support of the proposed map with exception of the language in Section E.2. "...does not guarantee future development of either parcel." General discussion ensued. City Attomey Eckis responded to comments of the applicants and questions of the Council. City Manager Bowersox proposed the adding of language to amend section E.2. to read "...does not guarantee future development of either parcel because it has not been reviewed for development purposes in conjunction with the map approval." Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to close the public headng, issue the Negative Declaration and adopt Planning Resolution No. P- 03-21, entitled, "A Resolution of the City Council of the City of Poway, California, Approving a Negative Declaration and Tentative Parcel Map TPM 01-07 Assessor's Parcel Number 277-071-06 and 13," as amended to include the language presented by the City Manager. Motion carded 4-0 with Councilmember Higginson absent. 7806 Page 4 - CITY OF POWAY - April 29, 2003 ITEM 2 (701-04/1160-01 ) ORDINANCE NO. 576/FIRST READING MIDLAND ROAD & EDGEMOOR STREET MID-BLOCK CROSSWALK & ALL WAY STOP CONTROLS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Staff received a request from the Midland Elementary School and several parents to relocate the student mid-block crossing on Midland Road to the intersection of Midland Road and Edgemoor Street and install all-way stop controls. The Traffic Safety Committee recommends relocation of the existing mid-block crossing and the installation of all-way stop controls at Midland Road and Edgemoor Street. There was no one present wishing to speak. Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to adopt Resolution No. 03-025, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing Ail-Way Stop Controls and a Crosswalk at Midland Road and Edgemoor Street," appropriate funds and continue the public hearing to May 13, 2003 for second reading and adoption of Ordinance. Motion carried 4-0 with Councilmember Higginson absent. ITEM 3 (701-04) ORDINANCE NO. /FIRST READING CREATION OF TWO EQUESTRIAN CROSSWALKS ALL-WAY STOP CONTROLS TIERRA BONITA AT IPAVA DRIVE AND DONART DRIVE Mayor Cafagna opened the public heating and announced that a request had been received from staff to remove this item from the Agenda. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to remove this item from the Agenda. Motion carried 4-0 with Councilmember Higginson absent. ITEM 4 (704-10) STATUS REPORT ILLEGAL ENCAMPMENT ACTIVITIES 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 first quarter covering January through March, 2003. Staff recommends the report be received and filed. 78O7 Page 5 - CITY OF POWAY - Apdl 29, 2003 No objection as filed. ITEM 5 (705-07) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 83-1 ITEM 6 (705-09) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-1 ITEM 7 (705-11 ) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-2 ITEM 8 (705-12) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-3 ITEM 9 (705-14) NOTICE OF INTENTION/ENGINEER§S REPORT LANDSCAPE MAINTENANCE DISTRICT 87-1 ITEM 10 (705-10) NOTICE OF INTENTION/ENGINEER§S REPORT POWAY LIGHTING DISTRICT Staff report by City Manager Bowersox. Staff has prepared Resolutions of Intention setting public heatings for the landscape maintenance districts and lighting district to levy and collect assessments for 2003/2004. There are no increases proposed in the assessments, however, under the Poway Lighting District, some parcel assessments will increase due to land development, land use designation changes, and the creation of new subdivisions. Motion by Councilmember Emery, seconded by Deputy Mayor Rexford, to take the following actions: Adopt Resolution No. 03-026, entitled, oA Resolution of the City Council of the City of Poway, Califomia Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 83-1 for Fiscal Year 2003/2004," approving the Engineer's Report, and setting the public hearing for June 24, 2003. 78O8 Page 6 - CITY OF POWAY - April 29, 2003 Adopt Resolution No. 03-027, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-1 for Fiscal Year 2003/2004," approving the Engineer's Report, and setting the public hearing for June 24, 2003. Adopt Resolution No. 03-028, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-2 for Fiscal Year 2003/2004," approving the Engineer's Report, and setting the public hearing for June 24, 2003. Adopt Resolution No. 03-029, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-3 for Fiscal Year 2003/2004," approving the Engineer's Report, and setting the public hearing for June 24, 2003. Adopt Resolution No. 03-030, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 87-1 for Fiscal Year 2003/2004," approving the Engineer's Report, andsetting the public hearing for June 24, 2003. Adopt Resolution No. 03-031, entitled, oA Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Lighting District for Fiscal Year 2003/2004," approving the Engineer's Report, and setting the public hearing for June 24, 2003. Motion carried 4-0 with Councilmember Higginson absent. ITEM 11 (405-02/704-16R) BOND SALES POINSETTIA MOBILEHOME PARKS SALE Staff report by City Manager Bowersox. The Poway Redevelopment Agency purchased the Poinsettia Family and Senior Mobilehome Parks in 1988. The City of Poway has managed the Parks since 1990. On July 20, 1999, the City Council/Redevelopment Agency adopted a long-term Goal for the divestiture of the Redevelopment Agency-owned mobilehome parks. On January 15, 2002, the City Council reviewed a status report on the sale of the Poinsettia Mobilehome Parks; the report requested authorization to solicit proposals from five nonprofit finalists. The City Council/Redevelopment Agency authorized staff to seek formal proposals from nonprofit organizations to purchase the Poinsettia Parks. 78O9 Page 7 - CITY OF POWAY - April 29, 2003 On June 11, 2002, a statuS report was presented to the City Council/Redevelopment Agency authorizing an Exclusive Negotiating Agreement (ENA) with Wakeland Housing and Jamboree Housing. Council goals for the sale were to 1) ensure a seamless transfer; 2) continue the existing rent structure; 3) maintain and improve the physical condition of the parks; 4) continue to develop positive relationships with all park residents; 5) continue to promote mobilehome living as part of the continuum of housing opportunities within the community and 6) have' resident involvement in the transition process. City Manager Bowersox then noted for the record, that on page 4 of 8 of the Agenda report, first paragraph, it would be the Agency that will loan Wakeland Housing the funds not the City. In the second paragraph, the Agency will receive annual payments not the City. On Page 5 of 8 Items 3 and 4 should read the City not City/Redevelopment Agency. Additionally, as part of this action $437,500 will be transferred proportionally from the existing Capital Replacement Funds. The following people were present wishing to speak: Ed Carboneau, 14073 Pomegranate Avenue, spoke in opposition. Joyce LeventhaI-Lodado, 15005 Orchid, inquired as to when the wall and Orchid Avenue improvements would be completed. Steve Kuptz, 16105 Del Norte, Chairman of Wakeland Housing, spoke in support and responded to questions of the Board. Motion by Deputy Mayor Rexford, seconded by Councilmember Emery, to authorize the sale of the Parks, issue bonds and authorize the City Manager to execute necessary documents in a form acceptable to Special Counsel. Motion carded 4-0 with Councilmember Higginson absent. ITEM 14 (203-10) HILLSIDE/RIDGELINE MINOR DEVELOPMENT REVIEW 02-111 APPLICANTS: COLBURN-CURRIER-NOLL Staff report by City Manager Bowersox. This is a request to construct a 3,524-square- foot residence and an attached 966-square-foot three-car garage located along the east side of Gate Ddve, south of Poway Road. APN: 323-290-13. The following person was present wishing to speak: 7810 Page 8 - CITY OF POWAY - April 29, 2003 Dee Fleischman, 14428 Midland Road, expressed her views that MDRs should be agendized as Staff Reports not Consent Calendar items. Jim Stranger, 13550 Aldrin Avenue, property owner, spoke in support of the project and responded to questions of the Council. General discussion ensued. Motion by Mayor Cafagna, seconded by Councilmember Emery, to adopt the Planning Resolution approving and bring back a report for discussion of placing future MDR's on the Agenda as Staff Reports vs. Consent Calendar items. Motion failed 2-2 with Mayor Cafagna and Councilmember Emery voting in support and Deputy Mayor Rexford and Councilmember Goldby voting in opposition. Motion by Mayor Cafagna, seconded by Councilmember Emery to continue the item to May 13, 2003, and direct staff to bring back a report for discussion of placing future MDR's on the Agenda as Staff Reports vs. Consent Calendar. Motion carried 4-0 with Councilmember Higginson absent. CITY MANAGER ITEMS 18. City Manager Bowersox provided a brief verbal update on the State budget and then presented a video, entitled, "Cloudy Skies over California Cities." Council requested the video be shown at the beginning of the next Council meeting and additional copies be provided to take to local service clubs. MAYOR AND CITY COUNCIL-INITIATED ITEMS 20. Councilmember Emery requested that the "Cloudy Skies over Califomia Cities," video presented on the budget situation be presented at the beginning of the next Council meeting. 21. Councilmember Goldby requested the staff move the public podium to the east side of the Council Chamber so that the audience can view the Council. 23. Deputy Mayor Rex'ford explained the Blue Star Service Banner, Military Care Package Program and Wall of Heroes and requested Council approval of their implementation. (1180-05) Motion by Deputy Mayor Rexford, seconded by Councilmember Goldby, to approve. Motion carried 4-0 with Councilmember Higginson absent. 7811 Page 9 - CITY OF POWAY - April 29, 2003 24. Mayor Cafagna stated that at the last SANDAG meeting, the Directors voted after discussion and debate, to oppose Assembly Bill 361 (Kehoe) - the San Diego Consolidated Transportation Agency, unless it is amended to be consistent with SANDAG principles and policy outlined in the Board report, and to continue to work with Assemblymember Kehoe on the amendments. As currently drafted, the bill would modify last year's Senate Bill 1703 (Peace) in a number of ways, not agreed to by all members involved and affected. ADJOURNMENT Motion by Councilmember Emery, seconded by Councilmember Goldby, to adjourn the meeting at 8:59 p.m. Motion carried 4-0 with Councilmember Higginson absent. - ~.~ri Anne Peoples, ~ity Clerk 7812