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CC 1999 02-09 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 9, 1999 The February 9, 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. COUNCILMEMBERSPRESENT AT ROLLCALL Bob Emery, Don Higginson, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLL CALL Jay Goldby STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Tamara Smith Penny Riley Peggy Stewart Bob Thomas Javid Siminou Ron Ballard Mark Sanchez Warren Shafer John Tenwolde Steve Streeter Scott Nespor City Manager City Clerk Assistant 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 Safety Services Director of Redevelopment Services Sheriff's Captain Principal Planner Management Assistant PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna, assisted by Councilmember Rexford, presented Certificates of Appreciation to Past Committee Members: Leona Des Plantes-Janis and Dr. Frank Goldsmith - Performing Arts Advisory Committee; Lora Kammler, Juanita Kinyon and Howard Maher - Housing Commission and Roger Willoughby - Redevelopment & Housing Advisory Committee. 6538 Page 2 - CITY OF POWAY - February 9, 1999 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Mayor Cafagna requested Item 7 be pulled from the Consent Calendar for discussion. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 4. Ratification of Warrant Register for the period of January 18-22, 1999. (401-10) Approval of Minutes - City Council January 19, 1999 - Regular Meeting Appropriation of $37,000 from Fund 714 (Public, Educational, and Governmental - PEG) to continue Operating the City's Access Channel and Electronic Bulletin Board System. (1206-04) Adoption of Planning Resolution No. P-99-12 - Approval of Minor Development Review 98-98, Mark Radford, Applicant: A request to construct a 4,390 sq. ft. house on a 4.42 acre site located on the south side of Eucalyptus Heights Rd., west of Mina de Oro Rd. (203-10) Motion carried 4-0, with Councilmember Goldby absent. Mayor Cafagna requested Item 16A be heard at this time. ITEM 16A (1501-00) HELICOPTER FLIGHT PATTERN MARINE CORPS AIR STATION MIRAMAR Mayor Cafagna stated that he had requested this item be placed on the agenda due to numerous citizen complaints received regarding the impact of the Marine helicopter operations. Complaints have been received regarding extreme noise and vibrations at the time of flight and safety concerns have also been expressed. Staff will be compiling complaint statistics and providing a monthly statistical contact report to the Commandant of the U.S. Marine Corps. Council will contact elected officials and provide copies of the resolution to military officials expressing the Council's concerns about rotary-wing flight 6539 Page 3 - CITY OF POWAY - February 9, 1999 operations and Planning Services staff will continue to attend the monthly Community Leaders Forum held at MCAS Miramar. Additionally, staff is recommending that a resolution be adopted petitioning the Secretary of the U.S. Navy Department and the Commandant of the U.S. Marine Corps to take action to: Eliminate or substantially reduce the ground controlled approach (GCA) box pattern flights over the City of Poway and other heavily populated areas. Shift or eliminate the 1-15 Instrument Flight rules (IFR) arrival route to avoid overflying Poway. Take other measures to reduce the frequency and intensity of the exposure of Poway residents to the noise impacts and potential accidents of Miramar- based helicopters. Speaking in support of the item were: Mehdi Kazem-Zadeh, 13327 Arroya Vista Sarah Tripp, 16054 Stoney Acres Road Buzz Rehmann, 14216 Palisades Drive Dorothea Hover-Kramer, 15373 Skyridge Robert Terry, 14868 High Valley Road John Foley, 14150 Palisades Drive Gregg Brandalije, 13956 Poway Road Jim Seifert, 16344 Martincoit Road Susan Martyn, 12286 Escala Drive, San Diego Virginia Hargarten, 13622 Orchard Gate Road Jerry Hargarten, 13622 Orchard Gate Road 11 other slips were submitted in support but not wishing to speak and 1 opposed. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to direct staff to implement the work plan outlined and to adopt Resolution No. 99-008, entitled, "A Resolution of the City Council of the City of Poway, California, Expressing Concern About the Flight Pattern for MCAS Miramar and Petitioning the Secretary of the U.S. Navy Department and Commandant of the U.S. Marine Corps to Take Action." Motion carried 4-0, with Councilmember Goldby absent. City Manager Bowersox suggested Item No. 1 and No. 2 be heard together. 654O Page 4 - CITY OF POWAY - February 9, 1999 ITEM 1 (203-21) ENVIRONMENTAL ASSESSMENT SPECIFIC PLAN 98-02 APPLICANT: BROOKVIEW SENIOR HOUSING PARTNERS ITEM 2 (203-08) CONDITIONAL USE PERMIT 98-09 DEVELOPMENT REVIEW 98-34 APPLICANT: BROOKVIEW SENIOR HOUSING PARTNERS Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request to establish a specific plan that would guide the development for a proposed senior housing project on a 6.7 acre site located at 13150 Pomerado Road. Also, necessary are a conditional use permit and development review to construct the 102 affordable senior apartments. Staff is recommending approval. The following person was present wishing to be heard: Lois Fong-Saki, 12331 Sage View Road, commended staff for working with the public and acquiring their input on this project. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public headng and adopt Resolution No. 99-009, entitled, "A Resolution of the City Council of the City of Poway, California Approving Specific Plan 98-02 "The Brookview Senior Housing Project" APN: 317-521-02, 03, 04," and issuing a Negative Declaration; and Planning Resolution No. P-99-13, entitled, "A Resolution of the City Council of the City of p°Way, California Approving Conditional Use Permit 98-09 and Development Review 98-34 Assessor's Parcel Number 317-521-02, 03, 04." Motion carried 4-0, with Councilmember Goldby absent. ITEM 3 (203-08) BARRIER NET CONDITIONAL USE PERMIT 85-09 STONERIDGE COUNTRY CLUB City Manager Bowersox stated that the property owner of a residence located immediately adjacent to the driving range segment of the golf course has requested they provide additional protection from golf balls for his property. The management of the country club has proposed to add 15 feet of netting to the height of an existing 50 foot high barrier net located near said residential property. They also plan to install a new 50 foot high barrier net near the tennis courts to protect court users from errant golf balls. Staff is 6541 Page 5 - CITY OF POWAY - February 9, 1999 recommending approval of this item through the building permit review process. Speaking in support of staff recommendation: Felix Knebel, 17264 Tam O'Shanter Drive Council requested staffwork with the Club management on looking at altematives to assist other homeowners along Tam O'Shanter. Motion by Councilmember Higginson, seconded by Councilmember Emery, in favor of staff recommendation to approve the installation of the barrier nets through the building permit process. Motion carried 4-0, with Councilmember Goldby, absent. ITEM 7 (408-01) INVESTMENT REPORT City Manager Bowersox stated that this item was placed on the agenda at the request of Council for a quarterly report that includes the type of investment, institution, date of maturity, amount of deposit, current market value and interest rate. Although this information is provided monthly, this quarterly report provides additional information comparing it against the prior year. Director of Administrative Services Stewart provided a brief overview of the report noting that the lower interest rates are good for our payments but bad on investments. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to receive and file the report. Motion carried 4-0, with Councilmember Goldby absent. CITY ATTORNEY ITEMS 11. Assistant City Attorney Smith reported that the Court of Appeal had ruled in favor of the City of Poway in the HCP case. She then 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. 6542 Page 6 - CITY OF POWAY - February 9, 1999 MAYOR AND CITY COUNCIL-INITIATED ITEMS 12. Deputy Mayor Emery mentioned that the recent rain had opened more potholes on Espola Road. 13. Councilmember Rexford thanked the City Manager and Sheriffs Captain for their assistance in getting the CD for Megan's Law along with the emergency access door to the Sheriffs station. 16A. This item was heard after the Consent Calendar was approved. CLOSED SESSION Mayor Cafagna adjourned the meeting into closed session at 8:12 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 8:30 p.m. with all Councilmembers present except Councilmembers Higginson and Goldby and adjourned the meeting on motion by Councilmember Rexford, seconded by Deputy Mayor Emery. Lori Anne Peoples, city Clbrk City of Poway 6543