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CC 1996 07-30 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OULY 30, 1996 The July 30, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILNEMBERS PRESENT AT ROLL CALL Susan Callery, Bob Emery, Betty Rexford, Don Higginson COUNCZLMEMBERS ABSENT AT ROLL CALL Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Mark Sanchez Alan Fulmer Penny Riley Pamela Colby Jim Bentz City Manager City Clerk City Attorney Assistant City Manager-Economic Develop. Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Assistant to the City Manager Redevelopment Project Administrator Community Services Manager PLEDGE OF ALLEGIANCE Councilmember Emery led the Pledge of Allegiance. PRESENTATIONS Councilmember Emery presented a 10 year service award to Marijo VanDyke, Associate Planner. Bo Councilmember Callery presented an Employee Suggestion Award to Bob Wolinski, Street Maintenance Supervisor, for his money-savings suggestion regarding disposal of used asphalt. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. 5869 Page 2 - CITY OF POWAY - July 30, 1996 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: 11. Approval of Minutes - City Council June 25, 1996, Regular Meeting July 2, 1996, Regular Meeting July 9, 1996, Regular Meeting 13. Ratification of Warrant Register for period of July 8-12, 1996. (401-10) 14. Receive and file report regarding Law Enforcement forfeited property and assets program showing $13,675 received in 1995-96. {401-17) 15. Denial of claim for damages: Dawn A. Pedrodalasol. (704-13) 16. Approval of City's Investment Report for period ending June 30, 1996. (408-01) ]7. Award of bid for purchase of low voltage color lateral sewer inspection camera from 3T Equipment Company, Inc.,in the amount of $12,500.(601-03) 18. Authorization of a draw of $1,819,795 from the bond reserves for Community Facilities District No. 88-1 debt service payment due on August 8, 1996. (706-02) 19. Approval of submittal of California Integrated Waste Management Act Annual Report, including Household Hazardous Waste Element and Non-Disposal Facility Element, to the California Integrated Waste Management Board. (1502-39) 20. Approval of one-year extension to July 31, 1997 to Agreement Respecting Irrigation Water with StoneRidge Country Club. (602-01 #567) 20.1 Award of bid for Midland Road/Del Poniente Sewer Line to Underground Utilities, Inc. In the amount of $260,246.40. (Continued from July 23, 1996, Item 14.) {602-01, #1157} 20.2 Adoption of Resolution No. 96-083, entitled, "A Resolution of the City Council of the City of Poway, California Concurring with the Findings of the U.S. Fish & Wildlife Service Concerning the Environmental Assessment for the Issuance of an Incidental Take Permit to the City of Poway for the California Gnatcather and Other Threatened and Endangered Species.' (203-11) 20.3 Adoption of the following positions on pending legislation: oppose SB 569 which would prohibit collection of school fees until a final building inspection is completed; and oppose SB 234 which would eliminate the limits on retirement assets that could be used to maintain a 74% 587o Page 3 - CITY OF POWAY - July 30, lg96 purchasing power level which increases employer contributions. {701-11) Motion carried 4-0 with Councilmember Cafagna absent. ITEM 5 (401-27) LANDSCAPE MAINTENANCE DISTRICT 87-1 Mayor Higginson stated this public hearing was continued from July 2, lg96. Staff report by City Manager Bowersox. On July 17, 1996, a meeting was held with representative of W. H. Pomerado who had requested that a plan be developed to "equalize" assessments paid by the various property owners within Landscape Maintenance District 87-1. Staff has prepared a plan which assumes four years to annex all remaining properties into the District and the addition of all remaining landscaping improvements for maintenance by the District. The 1996-97 assessments are proposed to remain the same as presented in the Engineer's Report. Speaking in opposition to staff recommendation: Eric Dye, 350 W. Ash, San Diego, representing W.H. Pomerado Motion by Councilmember Callery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 96-084, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for Landscape Maintenance District 87-1 to be Collected on the Property Roll for Fiscal Year 1996-97," and direct staff to implement the multi-year plan to equalize assessments starting with 1997-98. Motion carried 4-0 with Councilmember Cafagna absent. ITEM 5.1 (602-01 #253R) DISPOSITION AND DEVELOPMENT AGREEMENT BOWRON ROAD GROUP LIMITED PARTNERSHIP Mayor Higginson stated this item was continued from July 23, 1996. Staff report by Director of Redevelopment Services Sharer. The Agency approved an Exclusive Negotiation Agreement with the Bowron Road Group Limited Partnership to negotiate a Development and Disposition Agreement for Agency-owned property at the northeast corner of Bowron Road and Civic Center Drive. The DDA will provide a long-term ground lease at a nominal rate to Community Housing of North County. The Agency will not own or manage the units, but will be able to assure the sound financial and property management of the development. The development is proposed to be 92 multi-family, very low income rental units with 10 1-bedroom, 36 2-bedroom, 36 3-bedroom and 10 4-bedroom units. Studio E is the project architect and will begin holding community design input meetings. Sun Country Builders is the general contractor retained by the developer to do the construction. 5871 Page 4 - CITY OF POWAY - July 30, lg96 City Attorney Eckis stated the Smith judgement required that the project be a very low income project, however the judgment is satisfied if the project is restricted in part by Poway and in part by other government agencies. The City is restricting 49% of the units and it is anticipated that the Federal and State grant of tax credits will require the restriction of the other 51~ of the units to very low income. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 96-085, entitled, "A Resolution of the City of Poway, California, Making Certain Required Findings Regarding the Proposed Disposition and Development by and Between the Poway Redevelopment Agency and the Bowron Road Group Limited Partnership." Motion carried 4-0 with Councilmember Cafagna absent. ITEM 6 (1002-01) EMINENT DOMAIN PROCEEDINGS POMERADO ROAD STREET IMPROVEMENT Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The City has been in contact with seven property owners who own eight parcels, portions of which the City must acquire as right-of-way for the proposed widening of Pomerado Road. Some of the owners have concerns regarding the shortness of the time period of negotiations and staff recommends this item be continued four weeks to allow additional time to negotiate the acquisition of the easement. Bob Gannaway, owner of Assessor's Parcel Number 314-360-29, stated some of the property being acquired from him is just to provide a driveway for his neighbor and he wants to work with staff to resolve this issue. Motion by Mayor Higginson, seconded by Councilmember Callery to continue this item to August 27, 1996. Motion carried 4-0 with Councilmember Cafagna absent. ITEM 7 (1002-01R) EMINENT DOMAIN PROCEEDINGS RATTLESNAKE CREEK FLOOD CONTROl Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Three property owners own parcels, portions of which must be acquired for the storm drain improvements to be constructed as part of the Rattlesnake Creek flood control project, south of Poway Road. The construction will minimize the flood impacts on the property. Staff recommends the City Attorney be authorized to pursue the condemnation proceedings. There was no one present wishing to speak. 5872 Page 5 - CITY OF POWAY - July 30, 1996 Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 96-086, entitled, "A Resolution Finding and Determining the Necessity that Certain Property be Acquired by the City of Poway under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for said Purpose (Chandler - APN 317-427-12)(Smith - APN 317-472- 17)(Robinson Trust - APN 317-472-23)," and direct the City Attorney to initiate the legal proceedings necessary to acquire the property. Motion carried 4-0 with Councilmember Cafagna absent. ITEM 8 (203-04) VARIANCE 96-05 APPLICANT: KEVIN GEOGHEGAN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to legalize the construction of a six-foot solid wood fence on top of a masonry retaining wall at 12819 Rick Street. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-96-53, entitled, UA Resolution of the City Council of the City of Poway, California Approving Variance 96-05, Assessor's Parcel Number 317-350-26." Motion carried 4-0 with Councilmember Cafagna absent. ITEM g (1401-03) ARBOLITOS SPORTS FIELDS Item introduced by City Manager Bowersox. Staff report by Director of Community Services Thomas. The Arbolitos Sports Fields will be built as part of the Pomerado Creek flood detention basin. The park is 3.5 acres and has two lighted fields, restrooms, a parking lot and landscaping. The fields can be used for soccer, football or lacrosse. On June 26, 1996 the Parks & Recreation Committee approved the conceptual plan. Neighborhood meetings have been held and the objections are to lighting and noise impacts. A Conditional Use Permit and General Plan Amendment to change the zoning from OS-RM to OS-R will be brought to the City Council in September. Staff recommends approval of the final conceptual plan. Gary Hoyt, Landscape Architect, reviewed the plan in more detail. He noted that the lighting proposed by Musco Lighting is more advanced than the lighting available when the South Poway Sports Park was built. Speaking in opposition to staff recommendation: Steven Boyack, 14418 Crestwood 5873 Page 6 - CITY OF POWAY - July 30, 1996 Tom Tucker, 14472 Crestwood Claudia Adams, 14383 Crestwood Bob Manis, 14426 Crestwood Speakers expressed opposition to the lights and noise, citing the impact on the quality of their life. They stated they paid a premium for their lots and were told the park would only have passive uses. They also expressed concern regarding traffic on their street. Speaking in favor of staff recommendation: Charles Cross, 13514 Mora Circle, Poway Youth Soccer Mark Cuthbert, 14170 Powers Road Merrilee Boyack, 14418 Crestwood Douglas Briscoe, 13558 Comuna, Poway Youth Soccer Richard Ludwig, 12720 Metate Lane Rosemarie Cocco, 14907 Heath, Poway Youth Sports Association Shawn Moazzeny, 12902 Ilene, Poway Youth Soccer Speakers cited the need for additional youth sports facilities in Poway. Councilmember Emery cited the impact on his home from the lights and noise at Poway Valley Riders arena and the soccer park. He stated he is not in favor of the lights because of the noise it brings. He also asked if a picnic area can be added. Councilmember Callery stated she is not in favor of lights because it increases the hours the park can be used and the zoning was OS-RM when the people bought their homes. Mayor Higginson stated there is a great need for more fields and the lights extend their use. His job is to make decision that benefit the whole and he still regrets the decision to not light the Hilleary Park fields. He suggested that if lights are installed, their use could be limited to 8 p.m. Following discussion, motion by Mayor Higginson, seconded by Councilmember Rexford to approve the conceptual plan with the addition of a picnic area and additional landscaping on the east side, with a final decision on the lights to be made when the conditional use permit is considered in September. Motion carried 4-0 with Councilmember Cafagna absent. Staff was requested to devise a mechanism to have coordination between staff, the youth sports organization and the neighborhood on an on-going basis. ITEM 10 (602-01 #175R POWAY SPORTS PARK LEASE AMENDMENT Staff report by City Manager Bowersox. The financial performance of Poway Sports Park has not met the original proforma projections made by Jim Hilkemeyer of 5874 Page 7 - CITY OF POWAY - July 30, 1996 SportsPark of California. As a result, the current partners have requested a restructuring of their lease agreement to reduce the monthly lease payments. In addition, staff recommends reducing the term of the lease to a five-year term with two one-year renewal options. Motion by Mayor Higginson, seconded by Councilmember Emery to approve staff recommendation. Motion carried 4-0 with Councilmember Cafagna absent. ITEM 10.1 (702-00) BOARD OF SUPERVISORS' LIBRARY AUTHORITy Staff report by City Manager Bowersox. The City of San Diego and County of San Diego have a joint proposal to place a sales tax measure on the November ballot for the benefit of libraries. The measure would provide for a five year, 1/4 cent increase in the sales tax and would generate nearly $367 million regionally. A San Diego County Regional Library Authority has been formed with a 19 member Board of Directors comprised of the Mayor of each City and a Supervisor. The first meeting will be Wednesday, July 31, 1996 to consider a sales tax ordinance, approving a ballot measure for the ordinance, and calling for a November election. Staff requests direction regarding our participation in the Library Authority. Council concurred to authorize Councilmember Emery to attend as the City's representative and discussed the need to have some assurance from the County that the present funding provided for the library will not be replaced by sales tax revenue. CITY MANAGER ITEHS 21. City Manager Bowersox congratulated Sheriff's Captain Alan Fulmer on his promotion to Commander. CITY ATTORNEY ITEMS City Attorney Eckis requested a closed session to discuss anticipated litigation pursuant to Government Code §54956.9{b){2}{B). The City Council denied the Conditional Use Permit application for Britt Hay. The property owner's attorney told the City Attorney in a phone conversation on July 27, 1996 that he intends to sue the City. City Attorney Eckis announced that he is joining the City in an amicus brief in the case of Cavanaugh v. The Santa Monica Rent Control Board. MAYOR AND CITY COUNCIL-INITIATED ITEHS 25. Councilmember Emery stated he has visited the new Rancho Bernardo Library and requested that some of the computers in our new library be Macintosh. 5875 Page 8 - CITY OF POWAY - July 30, 1996 Councilmember Emery requested that the Senior Volunteer Patrol personnel be given a report regarding the disposition of their reports. CLOSED SESSION Mayor Higginson called for a closed session at 8:57 p.m. as requested by the City Attorney. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 9:15 p.m. and adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Rexford. Marjodie~K. Wahlsten, City Clerk City d~.~way 5876