CC 1996 11-19 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR HEETING
NOVEHBER 19, 1996
The November lg, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Steve Streeter
John Falconer
David Narevsky
Penny Riley
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
Principal Planner
Sheriff's Captain
Redevelopment Manager
Assistant to the City Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Roger Willoughby, 13732 Fairgate Drive, stated there is illegal dumping in
the South Poway Business Park across from 13855 Stowe Drive. He also stated he
has a copy of a letter former Councilmember Tony Snesko sent to Mayor Higginson
regarding establishing a Blue Ribbon Committee for trash issues. He offered to
serve on that Committee.
CONSENT CALENDAR
Councilmember Rexford pulled Item 11 from the Consent Calendar.
Motion by Councilmember Emery, seconded by Councilmember Callery, to approve the
Consent Calendar as follows:
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Approval of Minutes - City Council
October 22 and October 2g, 1996 Regular Metings
e
Ratification of Warrant Register for period of October 28 - November 1,
1996. (401-10)
8. Denial of claim for damages: Mark Wills.
(704-13)
Appointment of Jan Manos as at-large member for a second two-year term to
the Performing Arts Advisory Committee. (701-09)
10. Remove from calendar Agreement with Environmental Development for water
to serve Old Coach Golf Course. (602-01 #1179)
12.
Receive and file response to Public Oral Communication request for records
regarding legal fees in defending Poway Royal Mobilehome Owners suit.
(1180-03)
12.1 Approval of community contribution of $l,480 for printing educational
materials for the Friends of Blue Sky. (1180-05)
Motion carried unanimously.
ITEM I (203-14)
DEVELOPMENT REVIEW 96-20
APPLICANT: BOWRON ROAD GROUP
ITEM 2 (701-04)
ORDINANCE NO. 470/FIRST READING
AFFORDABLE HOUSING INCENTIVES
Mayor Higginson opened the public hearings. Items introduced by City Manager
Bowersox. The first item is a request to construct a 92 unit affordable
apartment complex at the northeast corner of Civic Center Drive and Bowron Road.
The second is an ordinance that brings the City into compliance with California
Planning and Zoning Law by listing the incentives that may be offered to a
developer of low-income housing.
Staff report by Director of Planning Services Quastler. The project is the
product of a disposition and development agreement between the Redevelopment
Agency and the Bowron Road Group Limited Partnership, a non-profit housing
corporation and a private for-profit builder. The site has an affordable housing
designation, or AH overlay. In conjunction with the Poway Road Specific Plan it
was rezoned to Residential Apartment. The design team met with the community and
incorporated their comments into the design elements. The project meets the
development standards for the RA zone with three exceptions: 1)a parking deficit
of 73 spaces; 2)the front yard setback is only 15 feet for four of the six
buildings where a 20 yard setback is required; and there is no swimming pool.
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Page 3 - CITY OF POWAY - November 19, 1996
She explained the rationale behind recommending these deviations. Staff also
recommends two changes to the Resolution of approval: one regarding the fence on
the north property line; and one regarding deferral of the sewer connections fees
to time of building permit issuance.
Putting 92 units on this site is a 4.5% increase in the allowable density;
however, the Ordinance being proposed allows a density bonus for low income
housing.
Councilmember Emery stated he does not agree with the elimination of the swimming
pool. Just because it is low and moderate income housing is no reason to
eliminate recreational facilities that other projects have. Other Councilmembers
concurred, but agreed that an option could be the provision of passes to the
Community Swim Center that is in the Community Park and very close by.
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane, stated there are too many units for
the site.
Chris Cruse, 13734 Utopia, objected to lessening of the parking standards.
City Attorney Eckis stated that the settlement of the Smith case requires a
certain number of units to be built on five identified sites with a certain ratio
of family and senior units. If units are eliminated from this project, they will
have to be added to others.
Council agreed that a space needs to be reserved for a future pool if an
arrangement for giving passes to the Community pool cannot be worked out. They
also asked questions about where parking spaces could be added.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing, issue a Negative Declaration and adopt Planning Resolution No.
P-96-82, as amended by staff, and with the addition of providing for a future
swimming pool if access to the Community pool cannot be arranged. Motion carried
unanimously.
ITEM 2 (701-04)
ORDINANCE NO. 470/FIRST READING
AFFORDABLE HOUSING INCENTIVES
This public hearing was opened with Item 1. Mayor Higginson read the title of
Ordinance No. 470, "An Ordinance of the City of Poway amending Certain Sections
of Title 17 {Zoning Development Code) of the Poway Municipal Code and Rescinding
Chapter 17.14, Zoning Ordinance Amendment, ZOA 96-06." Staff has determined that
a local ordinance must be adopted in compliance with California Planning and
Zoning Law which will permit the City of Poway to grant density bonuses and other
incentives.
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There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Callery, to waive further
reading and continue the public hearing to December 3, 1996 for second reading
and adoption. Motion carried unanimously.
ITEM 3 (102-05)
REVISED INVESTMENT POLICY
Staff report by Director of Administrative Services Stewart. The City invests
its funds according to parameters set forth in the State legislation and the
City's adopted Investment Policy. The Policy needs to be amended to reflect
legislation effective January 1, 1996 and the City's agreement with Metropolitan
West Securities for the management of the City's investment portfolio. Staff
recommends approval of the amended policy.
Councilmember Cafagna asked about the status of the City's funds in the County
pool. Director Stewart stated that under the phased withdrawal program, we will
have withdrawn 50% of our funds by the end of this year.
Motion by Councilmember Rexford, seconded by Councilmember Callery to adopt
Resolution No. 96-114, entitled, "A Resolution of the City Council of the City
of Poway, California, Amending Investment Policy for Public Funds and Rescinding
Resolution No. 94-009." Motion carried unanimously.
ITEM 4 (205-04)
CAPITAL IMPROVEMENT BUDGET AMENDMENTS
Staff report by City Manager Bowersox. Following a review of current CIP
projects, staff has identified several projects which need additional funding to
complete or have changed in project scope. Some high priority new projects have
also been added. The limited funding available is coming from a variety of
sources: savings achieved on the Scripps Poway Parkway, unexpended funds from the
SportsPark construction, transfers from lower priority projects, interest
earnings on redevelopment bond funds, and water and sewer fund reserves. Staff
recommends adoption of various Resolutions approving the Capital Improvement
Budget amendments for 1996-97.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford, to adopt
Resolution No. 96-115, entitled, "A Resolution of the City Council of the City
of Poway, California approving Capital Improvement Budget Amendments for Fiscal
Year 1996-1997"; Resolution No. 96-116, entitled, "A Resolution of the City
Council of the City of Poway Determining that the Cogeneration Facility Noise
Attenuation Wall {#5534) is of Benefit to the Paguay Redevelopment Project";
Resolution No. 96-117, entitled, "A Resolution of the City Council of the City
of Poway, Determining that the Tarascan Drive Extension Design, Construction and
Right-Of-Way Acquisition (#5283) is of Benefit to the Paguay Redevelopment
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Page 5 - CITY OF POWAY - November lg, 1996
Project'; and Resolution No. 96-118, entitled, UA Resolution of the City Council
of the City of Poway Determining that the FFA Facility Improvement Project
(#1643) is of Benefit to the Paguay Redevelopment Project." Motion carried
unanimously.
ITEM 11 (1180-0b)
POWAY CHAMBER OF COMMERCE
1996-97 VISITOR ENHANCEMENT BUDGET
Councilmember Rexford stated she had removed this item from the Consent Calendar
to ask how the expenditures are tracked. City Manager Bowersox stated reports
will be made to the City Council every six months.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Poway Chamber of Commerce Visitor Enhancement Budget for 1996-97 in the amount
of $16,200. Motion carried unanimously.
CITY ATTORNEY ITEHS
City Attorney Eckis called for closed session to discuss anticipated litigation
pursuant to Government Code Section 54956.9{c), deciding whether to initiate
litigation in one potential case; and existing litigation, pursuant to Government
Code Section 54956.9(a}, Case: Poway Property Owners v. City of Poway, San Diego
Superior Court Case No. 698367.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
16.
Councilmember Callery, who did not run for re-election and will be leaving
office in December, thanked staff for all their assistance the past four
years.
17A.
Councilmember Emery stated he had driven by the scene of the recent fires
in Carlsbad and it was quite apparent how homes with tile roofs did not
burn and those with wood shake shingle roofs did. He requested and
received concurrence for staff to look for a means for the City to assist
homeowners who want to convert from wood shake to tile roofs.
178.
Councilmember Emery stated he had noticed that the trees planted in front
of the wall on the east side of Pomerado Road were being girdled by the
steel ring planters and a section of the planter needs to be removed.
17C.
Councilmember Emery stated there is a meeting of the Regional Library
Authority on December 5 at 9:30 a.m. that he will not be able to attend.
Mayor Higginson agreed to attend in his place.
19A.
Mayor Higginson stated that previous actions have addressed the
compensation of all City employees for fiscal year 1996-97 except the City
Clerk and City Manager. He recommended that the employment agreements
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Page 6 - CITY OF POWAY - November lg, lgg6
with respect to compensation be amended.
Motion by Mayor Higginson, seconded by Councilmember Emery to approve
compensation for the City Manager and City Clerk to include for a one-time
payment of $500 plus 1% of salary in effect on April 16, 1996, and an
annual base salary of $107,697 and $72,744 respectively. Motion carried
unanimously.
19B. Mayor Higginson appointed Councilmember Rexford to the San Dieguito River
Park Joint Powers Authority, replacing Councilmember Callery.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by the City Attorney at
8:20 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:00 p.m. with all
Councilmembers present and stated that although the regular meeting for November
26 has been canceled, the City Council would convene at 5:30 p.m. on that date
to hold a closed session.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adjourn the
meeting to Tuesday, November 26, 1996, at 5:30 p.m. in the City Council Chambers.
The time of adjournment was 9:00 p.m.
Marjor~e~. Wahlsten, City Clerk
City o~way
5954
NO T/CE
NOTICE IS HEREBY GIVEN THAT THE NOVEMBER 19, 1996, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNHENT
Upon motion by Councilmember Emery,
seconded by Councilmember Rexford, Mayor
Higginson ordered the meeting adjourned to
Tuesday, November 26, 1996 at 5:30 p.m.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 9:00 p.m.
Wahlsten, City Clerk
City ~P~way, California
November 20, 1996
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
10:00 a.m.
Dated at Poway, California, on November 20, 1996
Marjofi~ K. Wahlsten, City Clerk
City ~ Poway, California
·: \\agenda\not i cel. pf