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CC 1998 12-08 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 8, 1998 The December 8, 1998, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Steve Eckis Peggy Stewart Javid Siminou Reba Wright-Quastler Warren Shafer Ron Mittag John Tenwolde Penny Riley Steve Streeter Sherrie Worrell Patrick Foley Scott Nespor City Manager City Clerk City Attorney Director of Administrative Services Acting Director of Engineering Services Director of Planning Services Director of Redevelopment Services Economic Development Manager Sheriff's Captain Assistant to the City Manager Principal Planner Deputy City Clerk Senior Management Analyst Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PROCLAMATION Mayor Cafagna presented a proclamation declaring the month of December 1998 as "National Drunk and Drugged Driving Prevention Month" to Kristen Ahangahri and Amber Adair of Poway High School. Kristen and Amber then made a brief presentation on the activities of a club they have established called "FNL" or Friday Night Live which encourages students to remain alcohol and drug free. 6494 Page 2 - CITY OF POWAY - December 8, 1998 PRESENTATION Mayor Cafagna requested the Poway Road Retail Voids Analysis by Economic Development Systems be heard after New Public Hearings. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the Consent Calendar as follows: 6. Ratification of Warrant Registers for the period of November 16-20, 1998. (401-10) Approval of Minutes - City Council November 17, 1998 - Regular Meeting November 24, 1998 - Canceled Meeting Approval of Proposed Change in Hourly Rates Paid to City Landscape Architect, GFH Landscape Architecture. (602-01 #1003) 10. Acceptance of Picnic Shade Structures at Poway Community Park, Starridge Park and Silverset Park from Hanson Associates, Inc. (602-01 #1235) 11. Allocation of Transportation Development Act (TDA) Funds to Purchase 6.776 Acres of Caltrans Property at the Corner of Twin Peaks Road and Community Road. (1207-01 ) 12. Status of Pending Legislation: 1998 Summary of Legislative Activities. (701-11) 13. Appropriation of Funds for Construction of Fire Station II Parking Lot ($70,000) and Upgrade of the Reclaimed Water Transmission Line ($28,000). (401-13) 13.1 Authorization to Award Assessment Engineering for Old Coach Water Line Project to Harris and Associates in the amount of $35,000, and appropriation of funds. Adopted Resolution No. 98-106. (602-01 #1295) 6495 Page 3 - CITY OF POWAY - December 8, 1998 13.2 Approval of Sewer Line License Agreement with Kearny Scripps LLC (KSL) for use of a 24-inch sewer line. (602-01 #1296) 13.3 Approval of Parcel Map for City of Poway Tentative Parcel Map 93-07, 15650 Kingman Road, APN 278-181-43, David and Pat Faustman, applicants. (203-02) Motion carried unanimously. ITEM 1 (203-04) VARIANCE 98-14 APPLICANT: JOYIA GREENFIELD Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 400 square foot room addition to an existing home at 16138 Bennye Lee Drive, requiring a reduction in the side yard setback to 15 feet. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-98-67, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 98-14, Assessor's Parcel Number 275-390-16." Motion carried unanimously. ITEM 2 (704-10) PUBLIC NUISANCE/EVENING STAR DRIVE Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On September 2, 1998, a Notice to Clean Premises was sent by certified mail to property owner, Jim E. Best at 14654 Evening Star Drive concerning the public nuisance that exists at this property. The notice was returned as "unable to forward, return to sender." The County Tax Assessor's Office still shows the property owner and address as stated. The property was posted on October 30, 1998 with the Notice to Clean Premises. Staff recommends this property be declared a public nuisance, the City clean the property and charge the cost of the abatement to the property owner. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. 98-107, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Property at 14654 Evening Star Drive a Public Nuisance, Ordering the Removal of all Weeds, Trash and Debris." 6496 Page 4 - CITY OF POWAY - December 8, 1998 Motion carried unanimously. ITEM 3 (203-08) CONDITIONAL USE PERMIT 98-06 APPLICANT: CHARLES JACKSON/POWAY SPORTS MANAGEMENT Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to operate a volleyball recreational facility within an existing building located at 13955 Stowe Drive. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-98-68, entitled, '% Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 98-06 Assessor's Parcel Number 317-810-22." Motion carried unanimously. ITEM 4 (401-22) PARKLAND DEDICATION IN-LIEU FEES Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The City Council annually determines fees collected for the development of park and recreation facilities in-lieu of dedication of parkland based on the total estimated cost of parkland improvements, current estimated population, and the average population per dwelling unit. This year staff recommends an increase from $2,650 to $2,720 for single family detached dwellings; no change for multiple family dwelling ($2,100) or mobile homes ($1,900). ^ letter was received from the Building Industry Association of San Diego County opposing any increase in this fee, siting their belief that the fee does not comport with the requirements of state law. Staff recommends the increase be approved as recommended and staff be directed to review the issues raised by the Building Industry Association and report their findings back to Council at a later date. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 98-108, entitled "Resolution of the City Council of the City of Poway, California, Establishing In-Lieu Fees for Parkland Dedication Calendar Year 1999." Motion carried unanimously. 6497 Page 5 - CITY OF POWAY - December 8, 1998 PRESENTATION (602-01 #280R) ECONOMIC DEVELOPMENT SYSTEMS POWAY ROAD RETAIL VOIDS ANALYSIS Mayor Cafagna introduced Jim Harrigan, Principal of Economic Development Systems (EDS), who provided a brief verbal overview of the retail voids analysis and responded to questions of the Council. General discussion ensued. Consensus of the Council was for staff to continue work with the consultant, a workshop to be scheduled after the first of the year to include a review of the Poway Road Specific Plan. ITEM 5 (1180-05) DOMESTIC VIOLENCE COUNSELING PROGRAM Staff report by City Manager Bowersox. This is a second year - program report which provides an overview of the implementation of family service programs through For Parents' and Kids' Sake which had been approved by Council in January 1996. Consensus of the Council was to receive and file the report. CITY ATTORNEY ITEMS 15. City Attorney Eckis advised Council that he had joined the City in an Amicus Brief in the case of Wong vs. the City of Rialto which pertains to a nuisance abatement where the property owner sued and won the value of property that had been abated when he did not challenge or seek to overturn the abatement order. Additionally, he reminded Council of the requirement to place items on a future agenda if they wish to seek consensus of their colleagues. MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Councilmember Rexford stated that she had received an award "Water Management Certification" on behalf of the City from the Association of California Water Agencies, for demonstrating the implementation of a program to maximize the conservation and efficient use of water. 6498 Page 6 - CITY OF POWAY - December 8, 1998 20. Mayor Cafagna reminded all present that Christmas in the Park begins Saturday at 5:30 p.m. ADJOURNMENT On motion by Deputy Mayor Emery, seconded by Councilmember Rexford, Mayor Cafagna adjourned the meeting at 8:43 p.m. L~r~ Anne 15e0ples, City CISrk City of Poway 6499