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CC 1996 02-20 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 20, 1996 The February 20, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:04 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Susan Callery, Bob Emery, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna {Councilmember Cafagna arrived at 7:08 p.m.) STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Steve Streeter Alan Fulmer David Narevsky Peter Moote Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Principal Planner Sheriff's Captain Redevelopment Manager Deputy Dir. of Administrative Services Senior Management Analyst PLEDGE OF ALLEGIANCE Councilmember Emery led the Pledge of Allegiance. PRESENTATION Mayor Higginson presented plaques of appreciation to Debbie Olson, Performing Arts Advisory Committee; and Duke Ayers, Redevelopment and Housing Advisory Committee. Others not able to attend included: Melissa Tamberg, Performing Arts Advisory; James Crosby and Joyce Eiswald, Redevelopment and Housing Advisory; Marvin Fritz and Elaine Jeter, Senior Issues. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 5738 Page 2 - CITY OF POWAY - February 20, 1996 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 11 Approval of Minutes - City Council January 23, 1996, Regular Meeting January 30, 1996, Regular Meeting 13. Ratification of Warrant Register for period of January 2g-February 2, 1996. (401-10) 14. Acceptance of Landscape and Mini Park Improvements Homes, Inc., for LMD 86-3A. TTM 94-02, Shea (203-01) 15. Acceptance of Budwin Lane/Buckskin drainage improvements and release of securities, Western Pacific Construction, applicant. (5414/1419) (602-01 #1098) 16. Adoption of Resolution No. 96-012, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Regional Growth Management Strategy and Congestion Management Program Local Consistency Checklist." (1503-02) 16.1 Approval of support position for Proposition 192, Seismic Retrofit Bond Act of 1996. {701-11) 16.2 Award of contract for janitorial services at City facilities to Action Janitorial Services. {602-01 #1130) Motion carried unanimously. ITEM 4.1 (203-08) CONDITIONAL USE PERMIT 95-09 VARIANCE 95-12 DEVELOPMENT REVIEW 95-18 APPLICANT: HNR FRAMING Staff report by City Manager Bowersox. This is a request to operate a truss manufacturing business involving outdoor assembly and storage at 12345 Crosthwaite Circle; the construction of a 4800 square foot saw shed and installation of a 3600 square foot modular office. A variance is requested for a 6 foot high wrought iron fence along the front of the property to be placed within the required front yard setback. Speaking in opposition to staff recommendation: Jeff Chine, 600 W. Broadway, San Diego, representing Burnham Pacific, owner 5739 Page 3 - CITY OF POWAY - February 20, 1996 of Anacomp property to the west, expressed concern regarding this type of adjacent use. Director of Planning Services Wright-Quastler stated that this property is at grade with Anacomp's's upper parking lot and cannot be viewed from the Anacomp Building. Following discussion, Council requested the screening on the west property line be changed from chain link to a stucco frame screen wall. Motion by Mayor Higginson, seconded by Councilmember Emery to close the public hearing and adopt Planning Resolution No. P-96-06, entitled, "A Resolution of the City of Poway, California Approving Conditional Use Permit 95-09, Variance 95-12 and Development Review 95-18, Assessor's Parcel Number 317-280-57,' as amended regarding the fencing material on the west property line. Motion carried unanimously. ITEM 5 (203-04) VARIANCE 95-10 APPLICANT: JENNY CRAIG WEIGHT LOSS CENTRES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to permit the placement of a wall sign on the street side of a building located at 12234 Poway Road. The sign was installed without a permit and, according to the Municipal Code, is not all owed because the tenant does not lease a suite on the street side. Staff recommends denial. Speaking in opposition to staff recommendation: Jim Nierman, 1299 Prospect, La Jolla, representing the building owner, stated the sign has been in existence since 1989 and the tenant who complained was a tenant in the same building that has since moved out. He pointed out the provision in the Code that gives the City Council the authorization to interpret in case of an ambiguity. Mark Schoffstall, representing Jenny Craig, Inc. stated the sign coming down would be a hardship to their business. Following discussion, motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve Variance 95-10. Motion carried unanimously. Staff will prepare a confirming Resolution for adoption at the next regular meeting. ITEM 6 (1204-05) SPECIAL WATER SERVICE FEE OUTSIDE ASSESSMENT DISTRICT 79-1 BOUNDARIES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On June 20, 1995, the City Council adopted Resolution No. 95-051 5740 Page 4 - CITY OF POWAY - February 20, 1996 approving the advance retirement of bonds for Assessment District 79-1. Properties outside the District in the Blue Crystal Trails area would be allowed to pay a special water service fee prior to water meter installation, in addition to all other water connection fees in effect at that time. Staff is recommending a fee of $8,390 for each developable parcel. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 96-013, entitled, "A Resolution of the City Council of the City of Poway Establishing a Special Water Service Fee Applicable to Properties in the Blue Crystal Trails Area Outside the Boundary of Assessment District 79-1." Motion carried unanimously. ITEM 7 (705-13) INTENT TO ORDER FORMATION OF INTEGRATED FINANCING DISTRICT NO. 96-01 FOR HIGH VALLEY ROADS IMPROVEMENT Staff report by City Manager Bowersox. The Engineer's Report to be presented as part of this report requires revision and staff recommends continuance to February 27, 1996. Motion by Councilmember Emery, seconded by Councilmember Callery to continue this item to February 27, 1996. Motion carried unanimously. ITEM 8 (205-04) 1995-96 MID-YEAR BUDGET Staff report by City Manager Bowersox. Staff has completed the evaluation of the 1995-96 midyear fiscal status and is projecting that the fiscal year will close with a General Fund surplus of $194,523. A resolution has been prepared with requests for additional appropriations for line item budgets. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 96-014, entitled, "A Resolution of the City Council of the City of Poway, California Approving Midyear Budget Adjustments for Fiscal Year 1995- 1996." Motion carried unanimously. ITEMS 9 & 10 (1501-10) WINTER 1995 STORM DAMAGE REIMBURSEMENT Staff report by City Manager Bowersox. State and Federal agencies have provided a method for public agencies to recover a portion of their costs associated with mitigating the impacts of storms from the winter of 1995. An application for federal assistance must be prepared and an agent designated to submit the 5741 Page 5 - CITY OF PONAY - February 20, I996 application to the Federal Emergency Management Agency (FEMA) and the State. These two items are identical except one is for early winter and one for late winter. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 96-015, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Designation of Agents Representing the City of Poway for the Purposes of Applying for and Recovering Sate and Federal Financial Disaster Assistance,' (early winter) and Resolution No. 96-016, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Designation of Agents Representing the City of Poway for the Purposes of Applying for and Recovering State and Federal Financial Disaster Assistance," (late winter). Motion carried unanimously. CITY ATTORNEY ITEMS 18. City Attorney Eckis requested a closed session regarding existing litigation pursuant to Government Code §54956.9(a), case of Poway Royal Mobilehomeowners Association v. City of Poway. MAYOR AND CITY COUNCIL-INITIATED ITEMS 23.A. Mayor Higginson requested a closed session in order to hold public employee performance evaluations pursuant to Government Code §54957 for the City Manager, City Attorney, and City Clerk. CLOSED SESSION Mayor Higginson called for a closed session at 7:45 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:15 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Callery. W lsten, City Clerk City of Poway 5742