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CC 1999 01-26 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 26, 1999 The January 26, 1999, 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 Penny Riley Bob Thomas Javid Siminou Ron Ballard John Tenwolde Steve Streeter City Manager City Clerk City Attorney Deputy City Manager Director of Community Services Acting Director of Engineering Services Interim Director of Planning Services Sheriff's Captain Principal Planner PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. 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: 4. Ratification of Warrant Registers for the period of January 4-8, 1999. (401-10) Approval of Minutes - City Council January 5, 1999 - Regular Meeting January 7, 1999 - Adjourned Regular Meeting 6526 Page 2 - CITY OF POWAY - January 26, 1999 Adoption of Planning resolution No. P-99-05 - Approval of Comprehensive Sign Program 98-04, Pomerado Distribution Center II, Applicant, for two buildings in a multi-tenant complex located at 13250-13350 Gregg Street. (203-15) Adoption of Planning Resolution No. P-99-06 - Approving Minor Development Review 98-61, Hillside/Ridgeline, Jim Hyslop and Anne O'Dell, Applicants: A request to construct a 2,850 square foot home and future tennis court on an 18.85 acre parcel located at 15450 Highway 67. (203-10) 9. Acceptance of the 1998-99 Crack Seal Program from RCSI. (602-01 #1245) 10. Appropriation of Funding for the 24th Year Community Development Block Grant Housing Rehabilitation Program. (602-01 #1149) 10.1 Adoption of a Resolution No. 99-004 - Support for the Designation of Chula Vista as a Site for a Future University of California Campus. (1506-04) Motion carried unanimously. ITEM 1 (701-04) ORDINANCE NO. 510/INTERIM ORDINANCE MORATORIUM ON ACCESSORY BUILDINGS IN REAR YARD SETBACKS Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Council adopted Ordinance No. 509 on December 15, 1998 as an urgency measure. That ordinance established a moratorium on the construction or placement of any accessory building in excess of 6 feet in height within a residential rear yard setback area until final action has been taken by the City Council on a study of the impacts of such structures. The subject ordinance would extend Ordinance No. 509 for a period of 10 months and 15 days pursuant to Government Code Section 65858(a). If this extension is adopted, the moratorium would expire on December 14, 1999 unless the study is completed prior to that date or the moratorium is extended. Speaking in opposition to the item was: Dan Littrell, 13639 Rostrata Road. City Attorney Eckis proposed the insertion of additional language to lessen the impact of the Ordinance. The proposed language would allow items to go through during the moratorium subject to the Minor Development Review Application or Conditional Use 6527 Page 3 -CITY OF POWAY - January 26, 1999 Permit process. Notice of applications would be sent only to adjoining property owners (those whose property abuts the applicant). General discussion ensued. Motion by Deputy Mayor Emery, seconded by Mayor Cafagna to close the public hearing, read the title, waive further reading and adopt Ordinance No. 510, entitled "An Ordinance Extending Ordinance No. 509 Declaring a Partial Moratorium on Placement or Construction of Accessory Buildings and Declaring the Urgency Thereof"; adding additional wording of the City Attorney in Section 1: extended "as hereinaffer set forth" for a period... - Section 2: "Notwithstanding the above stated prohibition, it shall not be unlawful to place any accessory building or structure within a residential rear yard setback if a Conditional Use Permit or Minor Development Review Application is processed and approved therefor, whether or not the Poway Municipal Code otherwise allows or requires such Conditional Use Permit or Minor Development Review Application. The fee for such application shall be $50." Motion carried 4-1 with Councilmember Higginson voting no. ITEM 2 (203-08) CONDITIONAL USE PERMIT 98-07 DEVELOPMENT REVIEW 98-29 VARIANCE 98-16 APPLICANT: SUNSHINE CARE LTD. Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 16-unit/28 resident, assisted living facility on a .54 net acre lot at 12695 Monte Vista Road. Variances are being requested for setback, parking .and minimum lot size. There was no one present wishing to be heard. Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-99-07, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 98-07, Variance 98-16 and Development Review 98-29 Assessor's Parcel Number 275-460-52." Motion carried unanimously. ITEM 3 (203-14) DEVELOPMENT REVIEW 98-24 VARIANCE 98-19 APPLICANT: CARL'S JR. 6528 Page 4 -CITY OF POWAY - January 26, 1999 Councilmember Rexford stated that she would be disqualifying herself from participating on this item due to the close proximity of her residence. She then left the Council Chambers. Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to build a 3,100 square foot fast food restaurant in the Scripps Trident Center located on the southwest corner of Scripps Poway Parkway and Pomerado Road. A 12 foot variance from the 50 foot landscape setback requirement along Scripps Poway Parkway is also requested. There was no one present wishing to be heard. Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-99-08, entitled, '% Resolution of the City Council of the City of Poway, California Approving Development Review 98-24 and Variance 98-19 Assessor's Parcel Number 320-200-43." Motion carried 4-1 with Councilmember Rexford disqualified. Councilmember Rexford returned to the Council Chambers. CITY ATTORNEY ITEMS 12. City Attorney Eckis requested a Closed Session for Anticipated Litigation, significant exposure to litigation pursuant to Government Code Section 54956.9(b); facts and circumstances must be disclosed pursuant to Section 54956.9(b)(3)(E); On May 21, 1998, the City Manager had a conversation with John Shawen of Wet'n Wild regarding the City Council discussion of the property held on May 12, 1998. During that conversation Mr. Shawen threatened suit against the City if the matter could not be resolved. No report out is expected. Attorney Eckis also stated that he had added the City to an Amicus Brief regarding the Redevelopment Plan for the City of Mammoth Lakes. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Councilmember Goldby requested staff follow, report and support, a possible Constitutional amendment to Proposition 218 that would reduce it from 2/3 vote to a simple majority. 16A. Councilmember Rexford reported that the San Dieguito River Park Joint Powers Authority has requested the City join with the JPA, County and several coastal communities in writing Governor Gray Davis seeking support of full funding, and 6529 Page 5 -CITY OF POWAY - January 26, 1999 increased funding in the future, for the California Coastal Commission. (1503-28) Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to adopt Resolution No. 99-005, entitled, "A Resolution of the City Council of the City of Poway, California Supporting Full Funding of the California Coastal Commission. Motion carried unanimously. 17A. Mayor Cafagna requested a Closed Session: for Public Employee Performance Evaluation under Government Code Section 54957; Position Title: City Manager. No report out is expected. Mayor Cafagna then noted that the Old Coach Collection had received recognition in Builder magazine and the Los Angeles Times for their receipt of the national award for the country's best "Detached Community of the Year" and San Diego County's Grand Award. Additionally, he brought up the issue of helicopter operations at Miramar and requested staff log all noise complaints related to the helicopter operations and send a report to the Marine Corps on a regular basis. He also requested a resolution be brought forward for Council consideration. CLOSED SESSION Mayor Cafagna adjourned the meeting into closed session at 7:50 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 10:07 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Higginson, seconded by Councilmember Goldby. nne Peoples, City (~lerk City of Poway 653O