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CC 1999 02-02 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 2, 1999 The February 2, 1999, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Deputy Mayor Emery at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Steve Eckis Penny Riley Peggy Stewart Bob Thomas Javid Siminou Ron Ballard Jim Howell Warren Shafer Leonard Zuniga Steve Streeter Marijo VanDyke Scott Nespor City Manager City Clerk City Attorney Deputy City Manager Director of Administrative Services Director of Community Services Acting Director of Engineering Services Interim Director of Planning Services Director of Public Services Director of Redevelopment Services Sheriff's Lieutenant Principal Planner Associate Planner Management Assistant PLEDGE OF ALLEGIANCE Councilmember Goldby led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Deputy Mayor Emery explained the procedure for Public Oral Communications. There was no one present wishing to speak. 6531 Page 2 - CITY OF POWAY - February 2, 1999 CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Rex'ford, to approve the Consent Calendar as follows: 6. Ratification of Warrant Register for the period of January 11-15, 1999. (401-10) Approval of Minutes - City Council January 12, 1999 - Regular Meeting 9.* Approval of Investment Report through December 31, 1998. (408~01) (continued to February 9, 1999) 10. Award of Bid to Sapper Construction for the 1998-99 Pedestrian Ramp Program (#1262) in the amount of $48,990. (602-01 #1305) 11. Acceptance of the Poway Fire Station Bathrooms and the City Clerk's Office Remodel Project (#1528A) from Dale Atkins Contractor. (602-01 #1269) 11.1 Consideration of an Exclusive Right to Negotiate Agreement with Old Poway Village LLC. for the Purchase of Property Owned by the Redevelopment Agency (APNs 317-193-39, 40, 41; 314-220-02, 03; and 314-202-42). (602-01 # 284R) 11.2 Amendment to Employment Agreement with James L. Bowersox, City Manager, effective January 1, 1999. (602-01 #029) 11.3 Approval of Position on Pending Legislation: Support SB 10 - Storm Repair: Local Streets and Highways; Support AB 3, AB 4 and SB 31 - Murder: Special Circumstances ("Matthew's Law"). (701.11 ) ITEM 1 (203-01) ENVIRONMENTAL ASSESSMENT TENTATIVE TRACT MAP 98-06 TOPMARK COMMUNITIES Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide an 8.16 acre property into 26 single-family lots at the southwest corner of Midland Road and Twin Peaks Road. 6532 Page 3 - CITY OF POWAY - February 2, 1999 Speaking to the item were: Reinhold Fritzohn, 14458 Midland Road, spoke in support with added conditions regarding an agreement made with the developer to plant trees and shrubs and provide access for him to maintain and water them if he deem it necessary along his property. Richard Vigil, 14444 Hillndale Way, opposed to increased density. Stephen Delaney, 12520 High Bluff Drive, San Diego, applicant spoke in support. Fred Zuill, 13636 Outlook Road, expressed concerns with increased traffic and lack of visibility when exiting his property. Joy Pal~, 13671 Tierra Bonita (owns house on York also), expressed concems with drainage. Lorraine Masi, 13626 Outlook Road, expressed concerns with traffic visibility safety and density. Morris Morgentaler, 13515 Maryearl Place, opposed any development in Poway. Barbara Vessetti and David Knott (son), 13558 Aubrey Street, expressed concerns with drainage. Michael Rothbert, 14441 Range Park Road, expressed concerns with drainage. City Manager Bowersox responded to questions of the Council and estimated that 60 percent of the City of Poway remains open space. He also stated that conversations had been held between the adjoining property owners and the developer with regards to slope maintenance stating that a condition could be added to provide for long term maintenance in perpetuity. A condition to address the concerns regarding the visibility when exiting Outlook Road could also be added requiring the developer to improve the intersection to the satisfaction of the Traffic Engineer and Director of Engineering Services. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing. Motion carried 4-0, with Mayor Cafagna absent. Motion by Councilmember Higginson, seconded by Councilmember Rexford to issue a Negative Declaration and adopt Planning Resolution No. P-99-09, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 98-06 Assessor's Parcel Number 314-194-49 and 52" with the added conditions regarding the 6533 Page 4 - CITY OF POWAY - February 2, 1999 Fritzohn property, slope maintenance and visibility at the intersection of Outlook and Midland Road. Motion carried 4-0 with Mayor Cafagna absent. Council requested staff to continue to study flooding issues in the area. ITEM 2 (203-21) SPECIFIC PLAN AMENDMENT 84-01 "OO" APPLICANT: GEICO/HILLYER & IRWIN Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request for a Specific Plan Amendment to allow a third wall sign on the facility. There was no one present wishing to be heard. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. 99-006, entitled, "A Resolution of the City Council of the City of Poway, Califomia Amending the South Poway Specific Plan to Allow a Third Wall Sign for GEICO, Specific Plan Amendment (SPA 84-01 ""OO") APN: 323-482-01,02, 05, 06: 323-481-07, 09." Motion carried 4-0 with Mayor Cafagna absent. ITEM 3 (203-08) CONDITIONAL USE PERMIT 98-08 DEVELOPMENT REVIEW 98-33 APPLICANT: STATEWIDE SAFETY & SIGNS Deputy Mayor Emery opened the public headng. Staff report by City Manager Bowersox. This is a request to construct a 5,740 square foot storage warehouse, office and outside storage on a .838 acre lot at 13755 Blaisdell Place. (Lot 37 of TM 87-13 in South Poway Industrial Park). There was no one present wishing to be heard. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the public headng and adopt Resolution No. P-99-10, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 98-08 and Development Review 98-33 Assessor's Parcel Number 317-810-147' Motion carried 4-0 with Mayor Cafagna absent. 6534 Page 5 - CITY OF POWAY - February 2, 1999 ITEM 4 (203-14) DEVELOPMENT REVIEW 98-13 APPLICANT: CHEVRON Councilmember Rexford stated that she would disqualify herself from participation on this item due to the close proximity with her residence. She then left the dias. Staff report by City Manager Bowersox. This is a request to build a 2,929 sq. ft. convenience store and 3,230 sq. ft. canopy on a 1.21 acre pad within the Scripps Trident Center at the southwest corner of Scripps Poway Parkway and Pomerado Road. There was no one present wishing to be heard. Motion by Councilmember Goldby, seconded by Councilmember Higginson, to adopt Planning Resolution No. P-99-11, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 98-31 Assessor's Pamel Number 320- 200-34 (portion)." Motion carried 3-0 with Councilmember Rexford disqualified and Mayor Cafagna absent. ITEM 5 (203-15) NON-CONFORMING SIGN 14010 POWAY ROAD APPLICANT: TED MOUNT Staff report by City Manager Bowersox. Mr. Mount approached the Planning Services Department about allowing the freestanding sign to remain. A letter had been sent in October 1998 by the Planning Director outlining the City's position that the sign must be taken down or modified to meet current sign code standards i.e. a monument sign of up to 8 feet in height. Speaking in opposition to staff recommendation: Ted Mount, 147 S. Vinewood Street, Escondido David DeConcini, 12627 Rue Sienne Nord, San Diego (current property owner) Motion by Councilmember Higginson, seconded by Councilmember Rexford, to direct the applicant to take down the freestanding sign or modify it to meet current code standards, i.e. a monument sign of up to 8 feet in height. Motion carried 4-0 with Mayor Cafagna absent. 6535 Page 6 - CITY OF POWAY - February 2, 1999 5.1 (203-05) EMERGENCY - SUSPENDING BID BILL BOND HALL (P79-18M) Staff report by City Manager Bowersox. On January 13, 1999 the Building Division Manager wrote a memorandum informing the Public Services Department that the structural integrity of Bill Bond Hall's ceiling at the Weingart Senior Center was unsafe and that public access needed to be restricted. Use of the hall is critical in the support of the senior programs and substitute facilities are not available. Therefore, this incident qualifies as an emergency. Subsequent to the notice, the Department secured the services of a construction inspector to identify the damages and a structural engineer to recommend immediate and necessary repairs. Speaking in support was: Bill Cross, 13105 Corona Way. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to authorize the City Manager to make emergency repairs to Bill Bond Hall to protect the public health and welfare of the City and adopt Resolution No. 99-007, 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 Repairs Required Thereby." Motion carried 4-0 with Mayor Cafagna absent. CITY ATTORNEY ITEMS 13. City Attorney Eckis requested a Closed Session for Threatened 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. MAYOR AND CITY COUNCIL-INITIATED ITEMS 14. Deputy Mayor Emery requested the February 11, 1999 workshop items be continued to Thursday, February 18, 1999 or placed on a regular Council agenda when all members would be present. 15. Councilmember Goldby requested staff look into citizen complaints on 911 calls. 6536 Page 7 - CITY OF POWAY - February 2, 1999 16. Councilmember Rexford spoke of an accident on Scripps Poway Parkway where numerous people using cell phones called 911 were told Poway did not have a Police Department but were not referred to the Shedff. She requested staff look into the dispatch system for cell phones (California Highway Patrol) and make sure they have correct information. CLOSED SESSION Deputy Mayor Emery adjourned the meeting into closed session at 8:50 p.m. CALL TO ORDER AND ADJOURNMENT Deputy Mayor Emery called the meeting back to order at 9:05 p.m. with all Councilmembers present and adjourned the meeting on motion by Councilmember Rexford, seconded by Councilmember Goldby. 'L~ri ~,nne Peoples;(~it~ Clerk City of Poway 6537