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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: 5949 Page 2 - CITY OF POWAY - November 19, 1996 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. 5950 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. 5951 Page 4 - CITY OF POWAY - November 19, ]996 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 5952 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 5953 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