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CC 1998 06-16 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 16, 1998 The June 16, 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, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Lori Peoples Steve Eckis Peggy Stewart Bob Thomas Mark Weston Stephen Streeter Randy Williams Warren Shafer Leonard Zuniga Penny Riley Patrick Foley City Manager Assistant City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Acting Director of Planning Services Director of Public Services Director of Redevelopment Services SherifFs Lieutenant Assistant to the City Manager Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Goldby led the Pledge of Allegiance. PRESENTATIONS Mayor Higginson presented a 20 year Employee Service Award to Edward "Kevin" O'Reilly - Water Treatment Plant Operator II1. Mayor Higginson presented Certificates of Appreciation to Douglas E. Barnhart, Brian Cahill and Laurel Nelson for the Library Project. Four $1,000 grants, funding provided by Braemar Properties, Robert Lichter, owner of Creekside Plaza were presented as follows: Creekside Plaza Scholarship to Kara Foote by Mayor Don Higginson. 6384 Page 2 - CITY OF POWAY - June 16, 1998 Creekside Citizenship Award to Jason Schultz by Deputy Mayor Jay Goldby. William Foster Jensen Scholarship to Maren Mangum by Councilmember Mickey Cafagna. For Parents' and Kids' Sake by Councilmember Bob Emery. PUBLIC ORAL COMMUNICATIONS Eamon H. Kavanagh, 13243 Evanston Dr. requested Council look into the designation of the Otis Ranch as a Historic Site. Linda Seefeldt, 15696 Oakstand Rd., requested assistance with a neighborhood parking problem on Oakstand and Yellowthroat Roads. Donald Park, San Diego, requested the Poway High School Field be designated as Christopher Lydon Field in honor of a past student/resident who as a California Highway Patrol Officer, recently lost his life in the line of duty. CONSENT CALENDAR Councilmember Cafagna requested Item 11 be pulled from the Consent Calendar. Motion by Emery, seconded by Councilmember Goldby, to approve the remainder of the Consent Calendar as follows: Ratification of Warrant Register for period of May 18-22 and May 25-29, 1998. (401-10) Approval of Minutes - City Council April7,1998 May 19,1998 May 26,1998 June 2,1998 June 9,1998 - Cancelled Meeting - Regular Meeting - Cancelled Meeting - Regular Meeting - Cancelled Meeting 12. Acceptance of Lowest Responsible Bid for the Wastewater Collection Access Manhole Rehabilitation program in the amount of $147,470 to Sancon Engineering II, Inc. (602-01 #1254) 13. This item was pulled from Consent and placed as Item 7.1 under Staff Reports. 14. Acceptance of the Pomerado Road Bike Lane and Oveday Project (#1240) from Castello, Inc. (602-01 #1214) 6385 Page 3 - CITY OF POWAY - June 16, 1998 15. Award of Bid for the Oveday Program, 1998/1999 Street Maintenance Program to SRM Contracting & Paving in the amount of $1,920,616.53. (602-01 #1257) 16. Resolution No. 98-060, Authorizing Acceptance of Funds Awarded by California Integrated Waste Management Board for Regional Used Oil/Household Hazardous Waste Grants with the Cities of Vista and Encinitas Respectively. (401-30) 17. Extension of Cooperative Agreement Between the State Department of Fish and Game and the City of Poway for the Operation and Maintenance of Blue Sky Ecological Reserve. (602-01 #987) 18. This item was pulled from Consent and placed as Item 7.2 under Staff Reports. Motion carried unanimously. ITEM 1 (203-08) CONDITIONAL USE PERMIT 91-08M(2) MODIFICATION DEVELOPMENT REVIEW 98-16 APPLICANT: COUNTRY MONTESSORI SCHOOL Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to add a 2,880 square foot modular classroom to the two acre school complex located at 12642 Monte Vista Road and to increase the limit for the maximum student enrollment from 150 to 180. Speaking in opposition to staff recommendation: Joe Thomas, 12714 Via La Gardenia, submitted a petition signed by 27 neighbors expressing concerns with noise, air conditioner noise and potential traffic problems. Speaking in support of staff recommendation: Dorothy Gesick, 16610 Sagewood Ln., Administrator of Country Montessod School. Motion by Councilmember Cafagna, seconded by Councilmember Rexford, to continue the public hearing to June 30, 1998 to allow the school and neighbors to meet and resolve and conflicts. Motion carried unanimously. ITEM 2 (203-02) VARIANCE 98-09 APPLICANT: STAN RATYCZ AND MARGARET ZAJDEL 6386 Page 4 - CITY OF POWAY - June 16, 1998 Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This is a request to allow a house to observe a 15 foot setback when 20 feet is required at 17952 Highlands Ranch Place. Speaking in opposition to staff recommendation: Stan Drake, 13210 Highlands Ranch Rd. Mrs. Bifone, 17982 Highlands Ranch PI. Speaking in support of staff recommendation: Stan Ratycz and Margaret Zajdel, 13334 Carriage Heights Cir. Motion by Councilmember Emery, seconded by Mayor Higginson to close the public hearing and adopt Planning Resolution approving with conditions. Motion failed 3-2, Councilmembers Cafagna, Goldby and Rexford voting "no". General discussion ensued. City Manager Bowersox explained that staff had discovered the error not the developer. Motion by Councilmember Emery, seconded by Mayor Higginson to close the public hearing and adopt Planning Resolution No. P-98-34, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 98-09 Assessor's Parcel Number 272-761-44." Motion carried 4-1, Councilmember Goldby voting "no". ITEM 3 (203-21) AMENDMENT POWAY ROAD SPECIFIC PLAN Mayor Higginson opened the public hearing. Introduction by City Manager Bowersox. Staff report by Acting Planning Services Director Streeter. This is an amendment to the Poway Road Specific Plan concerning design standards for automobile dealerships including the addition of architectural guidelines and improvements within the public right-of-way. There was no one present wishing to speak. Councilmember Emery expressed concerns with potential safety issues involving the use of care on the median. Motion by Councilmember Goldby, seconded by Mayor Higginson, to close the public hearing and adopt Resolution No. 98-061, entitled, "A Resolution of the City Council of the 6387 Page 5 - CITY OF POWAY - June 16, 1998 City of Poway, California Amending the Poway Road Specific Plan (SPA 95-01A)," as modified to eliminate the placement of autos in the median. Motion carried 4-1 with Councilmember Emery voting "no". ITEM 4 (701-04) ORDINANCE NO. 498 - SECOND READING ZONE CHANGE 98-01C Mayor Higginson read the title of the ordinance as follows: Ordinance No. 498, entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification of Certain Properties (ZC 98-01C)." Staff report by City Manager Bowersox. This is the second reading of an ordinance which redesignates parcels from Land Use categories Rural ResidentiaI-A and Rural Residential- B to Open Space-Resource Management. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to waive further reading and adopt Ordinance No. 498. Motion carried unanimously (roll call vote). ITEM 5 (1110-07) STREET NAME CHANGE 98-03 OLIVE TREE LANE TO GOLDEN WAY Staff report by City Manager Bowersox. This is a City initiated request to change the name of the segment of Olive Tree Lane South of Poway Road to Golden Way and to close access from Poway Road to Golden Way via its former street alignment. Motion by Councilmember Goldby, seconded by Councilmember Cafagna, to adopt Planning Resolution No. 98-35, entitled, "A Resolution of the City Council of the City of Poway, California Approving Street Name Change 98-03 Assessor's Parcel Number 323- 270-51." Motion carried unanimously. ITEM 6 (203-10) DEVELOPMENT REVIEW 97-29 MODIFICATION APPLICANT: OLD COACH COLLECTION/GREYSTONE HOMES Introduction by City Manager Bowersox. Staff report by Acting Planning Services Director Streeter. This is a request to approve a detached two car garage for Lot 17 and to 6388 Page 6 - CITY OF POWAY - June 16, 1998 substitute a two-story home for a one-story home on Lot 20, located at 13630 and 13660 White Wood Canyon, west of Butterfield Trail, North Poway. Motion by Councilmember Cafagna, seconded by Mayor Higginson, to adopt Planning Resolution No. P-98-36, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 97-29 Modification and Rescinding Resolution No. P-97-55 Assessor's Parcel Numbers 277-190-03 & 06." Motion carried unanimously. ITEM 7 (203-07) TEMPORARY USE PERMIT 98-30 APPLICANT: POWAY HUNDAI Staff report by City Manager Bowersox. This is a request to establish a temporary site for an auto dealership, including a modular sales building and temporary lighting at 13631 Poway Road. Speaking to the item: Joe St. Lucas, President of the Westgate Homeowners Association made inquiry regarding lighting, noise, security, delivery schedules and the use of generators. Darwin Daniel, 13028 Fairgate, inquired as to where the deliveries would be made. Joann Bradley, inquired as to whether the walls would be built prior to construction. Matt Travis, applicant, responded to the questions of the speakers. Motion by Councilmember Goldby, seconded by Councilmember Cafagna, to adopt Planning Resolution No. P-98-37, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 98-30 Assessor's Parcel Number 317- 190-44." Motion carried unanimously. ITEM 7.1 (602-01 #1255) COMMONWEALTH ENERGY CORPORATION NEW ENERGY VENTURES (602-01 #1256) Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt Resolution No. 98-062, entitled, "A Resolution of the City Council of the City of Poway, California, Authorizing the Execution of Memorandums of Agreement with Association of California Water Agencies (New Energy Ventures) and San Diego Area Governments (Commonwealth Energy Corporation ) for Joint Powers Participation in Discounted Electric 6389 Page 7 - CITY OF POWAY - June 16, 1998 Power Consortia." Motion carried unanimously. ITEM 7.2 (602-01 #1258) HOUSEHOLD HAZARDOUS WASTE COLLECTION Motion by Mayor Higginson, seconded by Councilmember Goldby, to adopt Resolution No. 98-062, entitled, "A Resolution of the City Council of the City of Poway, California Finding and Declaring the Existence of an Emergency Within the City and Suspending Notice and Bidding Requirements in Connection with the Provision of Household Hazardous Waste Collection Services." Motion carried unanimously. ITEM 11 (602-01 #268R) LOW AND MODERATE INCOME HOUSING FUND DAVID PAUL ROSEN & ASSOCIATES Staff report by Redevelopment Agency Director Shafer. DRA provided assistance with the developer selection process for the Brookview Senior Housing site, and would provide valuable assistance in negotiating and structuring a Disposition and Development Agreement. They will also participate in the discussions with the Retirement Housing Foundation on the potential development of the Gateway Park Road site. Their scope would include performing market studies and proforma analyses, participating in negotiations and the developer selection process and in structuring the Agency's affordable housing program to insure the maximum leverage of the Agency's Housing Fund monies. All work and billings are reviewed by management. Approval of this item would result in an appropriation of $90,000 from the Agency's Low and Moderate Income Housing Fund. Motion by Councilmember Goldby, seconded by Councilmember Emery, to adopt Resolution No. 98-064, entitled, "A Resolution of the City Council of the City of Poway Finding that the Expenditure of Redevelopment Agency Housing Funds to Purse the Development of Affordable Housing Outside the Project Area Benefits the Redevelopment Project" and Resolution No. R-98-11, entitled, "A Resolution of the Poway Redevelopment Agency Appropriating Funds and Finding that the Expenditure of Said Funds to Pursue the Development of Affordable Housing Outside the Project Area Benefits the Redevelopment Project." Motion carried unanimously. CITY MANAGERITEMS City Manager Bowersox presented to the Council an award received by the Engineering Department entitled, "Outstanding Civil Engineering Project Award" from the American Society of Civil Engineers, San Diego Chapter for Roads and Highways, for the Scripps 639O Page 8 - CITY OF POWAY - June 16, 1998 Poway Parkway Project. City Manager Bowersox then announced that Director of Engineering Services Weston had submitted his resignation. He has accepted the position of Engineering Director for Helix Water District in pursuit of his career goal to be General Manager of a water district. His last day with Poway will be July 2, 1998. CITY ATTORNEY ITEMS City Attorney Eckis stated that Council had been given the Amicus Brief pertaining to the Poway Property Owners Group vs. The City of Poway and the California Department of Fish and Game. MAYOR AND CITY COUNCIL-INITIATED ITEMS 22. Councilmember Emery requested staff look into the lighting impacts on Poway Road and Mt. Palomar from the new library street lights. 25. Mayor Higginson requested a Closed Session for Public Employee Performance Evaluation under Government Code Section 54957, Position Title: City Manager. CLOSED SESSION Mayor Higginson called for a closed session at 9:20 p.m. ADJOURNMENT Mayor Higginson called the meeting back to order at 11:00 p.m. with all members present. The meeting was adjourned on motion by Councilmember Emery, seconded by Councilmember Cafagna. Lo~/~ne Peoples, Assistant (~ity Clerk City of Poway 6391