Loading...
CC 1998 05-12 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 12, 1998 The May 12, 1998, 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, Bob Emery, Jay Goldby, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Betty Rexford STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Bob Thomas Mark VVeston Reba VVright-Quastler Randy Williams Warren Sharer Mark Sanchez John Falconer David Narevsky Penny Riley Peter Moote City Manager City Clerk City Attorney 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 Redevelopment Manager Assistant to the City Manager Deputy Dir. of Administrative Services PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATIONS Councilmembers read and presented the following proclamations: Emergency Medical Services Week, May 17-23, 1998, and CPR Day, May 16, 1998, presented to Director of Safety Services Sanchez; National Public Works Week, May 17-23, 1998, presented to Director of Public Services Williams; and Second Hand Sock Week, May 17-23, 1998, 6358 Page 2 - CITY OF POWAY - May 12, 1998 presented to Paul Bishop of Poway Kiwanis Club. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Councilmember Goldby pulled Item 11 from the Consent Calendar. Motion by Councilmember Goldby, seconded by Councilmember Emery to approve the Consent Calendar as follows: 5. Ratification of Warrant Register for period of April 20-24, 1998. (401-10) Approval of Minutes - City Council April 21, 1998 - Regular Meeting Adoption of Resolution No. 98-047, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the City Department Head to Destroy City Records After the Same are no Longer Required". (304-03) Adoption of Resolution No. P-98-27, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 98-18," Poway Chamber of Commerce, applicant, for Springfest Street Fair on Sunday May 31, 1998 from 10 a.m. to 4 p.m. on Midland Road between Poway Road and Hilleary Place. (203-07) 10. Approval of Temporary Water Connection for 14825 Midland Road, Katherine and David Barto, applicant. (1204-04) 12. Approval of Fourth Amendment to Agreement with the County of San Diego for Public Transportation Services for Fiscal Year 1994-95 through Fiscal Year 1998- 99. (602-01 #035) 12.1 Award of Bid for Material Handling Yard Building Improvements to H.T. Development and Construction in the amount of $37,650. (602-01 #1252) Motion carried 4-0 with Councilmember Rexford absent. 6359 Page 3 - CITY OF POWAY - May 12, 1998 ITEM 2 (203-02) TENTATIVE PARCEL MAP 98-07 APPLICANT: LAURA KIMBALL Mayor Higginson opened the public hearing and stated he would take this item out of order. This is a request to divide .92 acres into two lots at 11508 Creek Road. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public headng, issue a Mitigated Negative Declaration and adopt Planning Resolution No. P-98- 28, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 98-07, Assessor's Parcel Number 320-020-33." Motion carried unanimously. ITEM 1 (203-24) MINOR CONDITIONAL USE PERMIT 98-02 VARIANCE 98-07 MINOR DEVELOPMENT REVIEW 98-14 APPLICANT: JIM PIVA Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wdght-Quastler. This is a request to establish an equipment rental and landscape supply business on a .34 acre lot at 12316 Oak Knoll Road. Approval requires a two-foot sideyard setback variance. The applicant currently has use of the site under a 90-day Temporary Use Permit 98-05. They propose a 12' x 60' modular office and a modular storage building (seatainer) which are already on site. Staff recommends approval for a two-year period. At the end of that time, if they desire to stay on this site, a permanent building would be required. Speaking in opposition to staff recommendation: Dr. Paul Coleman, 12324 Oak Knoll Road, stated the lot is too small for the use and is not compatible with his dental practice to the east. Mary Coleman, 15845 Summer Sage Road Dr. Johanna Lessner, 12307 Oak Knoll Road, whose practice is located across the street. John Souza, 12270 Oak Knoll Road, owner of the property where Poway/Pomerado 636O Page 4 - CITY OF POWAY - May 12, 1998 Equipment rental is located, Mr. Piva's former business location. Mike Graham, 12270 Oak Knoll Road, manager of Poway/Pomerado Equipment Rental Speakers expressed concerns about the aesthetics of the buildings; commencement of the use prior to the public hearing; size of the site; blocking Oak Knoll Road to unload equipment; using neighboring properties for parking; storage of gasoline on site; and noise and dust impacts. Speaking in favor of staff recommendation: Gene Harris, representing the owner of 12315 Oak Knoll Road David Prewett, 12709 Poway Road #201, Realtor representing Mr. Piva Bob Dobson, 12455 Oak Knoll Road Jim Piva, 13216 Oak Knoll Road, stated he is working to relocate his rental yard and did not intend to cause a problem in the neighborhood. Regi ^usmus, 13813 Olive Park Place Council questioned Mr. Piva about his use of the site. He stated he is opening a business in Ramona where the large equipment will be housed. He defined large equipment as requiring a trailer to be moved and small equipment as being towed behind a pick-up. The gasoline is stored in 75 gallon containers in the beds of two trucks. He stated he will not use the property to the north for parking. His ultimate plan is to expand to another location, but needs this temporarily. Council expressed concern regarding the size of the site and impacts on the neighborhood, particularly Dr. Coleman, They also questioned whether the policy on Temporary Use Permits should be changed when they have these potential impacts. In response to query, Director of Planning Services Wright-Quastler stated City staff had not received any complaints about Mr. Piva's operation in his former location. Motion by Councilmember Cafagna, seconded by Councilmember Goldby to close the public hearing, issue a Negative Declaration, and adopt Planning Resolution No. P-98-29, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 98-02, Variance 98-07 and Minor Development Review 98-14, Assesso¢s Parcel Number 317-151~64," amended to be for a one year period with reviews by the City Council every 90 days; no use of property to the north; complete paving; facade for the trailer; no unloading on Oak Knoll Road; no large equipment on site; and complete lattice in the fence. Motion carried 3-1 with Councilmember Emery voting "no" and Councilmember Rex'ford absent. Staff was also directed to prepare a report regarding the policy on temporary use permits. 6361 Page 5 - CITY OF POWAY - May 12, 1998 Councilmember Goldby urged the Chamber of Commerce to help facilitate a peace between the businesses so that this does not become a divisive issue in the business community. ITEM 3 (203-11 ) INITIATING GENERAL PLAN AMENDMENT 98-01 Staff report by City Manager Bowersox. This recommended action will initiate General Plan Amendment 98-01 B, C. and D. GPA 98-01A is a citizen-initiated item. All four will be heard in June. GPA 98-01B would rezone 3 parcels at the southeast corner of Hilleary Place and Community Road from Town Center to General Commercial; GPA 98-01C will rezone lots acquired for mitigation land to Open Space-Resource Management; and GPA 98-01D will incorporate Pedestrian and Bicycle Trail Linkages into the Transportation Element. Motion by Councilmember Emery, seconded by Councilmember Goldby to adopt Resolution No. 98-048, entitled, "A Resolution of the City Council of the City of Poway, California Initiating General Plan Amendment 98-01." Motion carried 4-0 with Councilmember Rexford absent. ITEM 4 (1170-09) REPAIR OF STORM DRAINS POWERS/FRAM E/TOBIASSON NEIGHBORHOOD Staff report by City Manager Bowersox. TV inspections of corrugated metal pipe revealed significant deterioration in this 30+ year old storm drain system. Staff is recommending funding for repair and an assessment for the long-term repair and replacement of failing metal pipe throughout the City. Motion by Councilmember Goldby, seconded by Councilmember Emery to appropriate $410,000 to implement the storm drain assessment and repair program and authorize staff to make the appropriate loan transfers between the drainage and sewer fund to implement the program. Motion carried 4-0 with Councilmember Rexford absent. ITEM 4.1 (203-21) SPECIFIC PLAN AMENDMENT 84-01DD STATUS OF WET'N WILD WATER PARK 6362 Page 6 - CITY OF POWAY - May 12, 1998 Staff report by City Manager Bowersox. At the April 28, 1998, City Council meeting, Councilmember Emery requested a status report on the Wet'n Wild Water Park. Wet'n Wild was approved on March 18, 1997 by means of Specific Plan Amendment 84-01DD which placed an overlay designation allowing development as a water park, On April 15, 1997, the Redevelopment Agency approved an Owner Participation Agreement which requires development of a water park on that site. The water park means sales and property tax revenue, and youth employment. On May 4,1998, George Millay of Wet'n Wild advised staff that they have decided to sell the property for industrial/commercial purposes to Lincoln Properties and take advantage of the capital gain opportunity with the resurgence in demand for industrial land in South Poway. Although the underlying zoning is industrial, the OPA is a binding contract which requires Agency approval to change. The Agency has advanced $550,000 to date to facilitate development of the site. Staff requests direction from the Council. Pat Millay, 2000 E. Lamar, Arlington, Texas, President of Wet'n Wild International, stated the costs of building have skyrocketed and a water park is no longer the highest and best use of the land. Rick Simons, Director of Acquisitions and Development for Lincoln Properties, stated they do not have a specific project in mind but are prepared to reimburse the funds advanced by the Agency. In response to query by Councilmember Cafagna, he stated they do not plan to build a water park on the property. In response to query by Councilmember Emery, City Attorney Eckis stated that the OPA runs with the land. Council concurred they want a water park on this site. The interest in this project was created by Wet'n Wild, a lot of time was spent selling the concept to the community, and the community and Council expects them to follow through. ITEM 11 (701-09) HOUSING COMMISSION CHARTER Staff report by City Manager Bowersox. The Housing Commission is recommending an amendment to its charter to modify the voting and quorum requirements. The Charter currently requires a quorum of four, and four affirmative votes to approve an action. The recommendation is a voting requirement of a majority of the commissioners present, with a minimum of 3, and quorum requirements to exclude vacant positions or those with 6363 Page 7 - CITY OF POWAY - May 12, 1998 conflicts of interest. Councilmember Goldby stated he was in attendance at the Housing Commission when this was discussed and he is not in favor of a change to reduce the number comprising a quorum. He suggested that if some Commissioners have difficulty attending meetings that different Commissioners should be appointed. Howard Maher, 13440 Sagewood Drive, Chairman of the Commission, clarified that the Commission members who are residents of the mobile home parks are required to disqualify themselves from certain issues. Motion by Councilmember Emery to refer this item back to staff. They also directed staff survey other cities regarding pay for commissioners. The Housing Commission is the City's only Commission and some pay for their work might be appropriate. Motion seconded by Mayor Higginson and carried 4-0 with Councilmember Rex'ford absent. CITY MANGER ITEMS 13. City Manager Bowersox recommended that the emergency authorization granted to the City Manager on February 10, 1998 be discontinued. Motion by Councilmember Emery, seconded by Mayor Higginson to adopt Resolution No. 98- 049, entitled, "A Resolution of the City Council of the City of Poway, California Rescinding Resolution No. 98-011 Regarding Emergency Suspension of Notice and Bidding Requirements." Motion carried 4-0 with Councilmember Rexford absent. CITY ATTORNEY ITEMS 13. City Attorney Eckis requested a closed session to discuss anticipated litigation in 2 cases and pending litigation in the case of Peter B. Bybee v. City of Poway, San Diego Superior Court Case Number 717352. MAYOR AND CITY COUNCIL-INITIATED ITEMS 15A. Councilmember Cafagna stated we have received a request from the City of San Diego to adopt a Resolution supporting Proposition A, expansion of the San Diego Convention Center. He believes it has regional impacts and supports it. Councilmember Emery stated he supports the Proposition but feels support should be as individuals. Following discussion, Council concurred to write a letter of support. Those present agreed they would sign such a letter. 6364 Page 8 - CITY OF POWAY - May 12, 1998 16A. Councilmember Emery received concurrence from the Council to have staff prepare a report regarding public access to the north Poway area via riding and hiking trails. 19. Mayor Higginson requested staff prepare a report for placement under his item on the agenda regarding the process of naming a trail after Justin Sabin. CLOSED SESSION Mayor Higginson called for a closed session as requested by the City Attorney at 9:40 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 10:10 p.m. with all Councilmembers present except Councilmember Rexford and adjourned the meeting on motion by Councilmember Emery, seconded by Councilmember Goldby. Marjorie K. Wahlsten, City Clerk City of~.~oWay 6365