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CC 1999 03-30 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 30, 1999 The March 30, 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 Don Higginson, Jay Goldby, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLL CALL Bob Emery STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Steve Eckis Penny Riley Peggy Stewart Javid $iminou Ron Ballard Warren Shafer Mark Sanchez John Tenwolde Steve Streeter Sherrie Worrell Jennifer Monroe City Manager City Clerk City Attorney Deputy City Manager Director of Administrative Services Acting Director of Engineering Services Interim Director of Planning Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Principal Planner Deputy City Clerk Management Analyst PLEDGE OF ALLEGIANCE Councilmember Goldby led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented a Proclamation declaring "Alcohol Awareness Month - April 1999" to Kim Segoria of the Safety/Wellness Coalition. 6583 Page 2 - CITY OF POWAY - March 30, 1999 Mayor Cafagna then presented a check for $3,000 to Linda Vanderveen for the Poway High School Grad Nite '99 and a Proclamation declaring the month of April 1999 as "Emergency Preparedness Month" to Safety Services Director, Mark Sanchez. PUBLIC ORAL COMMUNICATIONS Michael Neufeld, representing the Poway Chamber of Commerce, provided an update on the membership drive and the Chamber's involvement in the "Relay for Life" sponsored by the American Cancer Society. Steve Zuill, P.O. Box 873, Poway, spoke regarding a recent article on the Golden State Gasoline Station upgrade. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 7. Ratification of Warrant Register for the period of March 6-12, 1999. (401-10) o Approval of Minutes - City Council March 9, 1999 - Regular Meeting 10. Approval of City's Investment Report as of February 28, 1999. (408-01) 11. Rejection of Claims for Damages: Andrew Wahlsten. (704-13) 12. Approval of Parcel Map for Tentative Parcel Map 98-13; Bradley Burke, Applicant: creating a two-parcel, single family subdivision located on the southeast corner of Kingman and Oak Canyon Roads, fronting on Skyridge Road. (203-02) 13. Award Additional Funding in the amount of $34,400 to Sapper Construction Co. for the construction of an additional 32 pedestrian ramps (98-99 Pedestrian Ramp Program) and extend the project an additional 30 working days. (602-01 #1305) 14. Approval of a Multiyear Fireworks Display Agreement with Fireworks & Stage FX America for Independence Day and Community Day fireworks displays, for a collective fiscal impact over the three-year life of the contract of $81,000 (corporate sponsorship and community donations typically relieve ~ of this cost.) (602-01 #1318) 6584 Page 3 - CITY OF POWAY - March 30, 1999 ITEM 1 (203-10) VARIANCE 99-02 MINOR DEVELOPMENT REVIEW 99-05 APPLICANT: RANDY RICHMOND Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request to construct a 3,244 square foot home and 384 square foot cabana on a .58 acre lot located at 13668 Orchard Gate Drive. Variances are requested to allow the new home to observe ten foot side yard setbacks where zoning requires 30 feet and the cabana to observe a ten foot rear setback where zoning requires 50 feet. The following person was present wishing to speak: Dave Ditzler, 15941 Overview Road, inquired as to whether this project had gone before the Green Valley Civic Association Architectural Review Committee. Staff responded that the Green Valley Highlands Architectural Review Committee had reviewed it. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-99-23, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 99-02 and MDRA 99-05 Assessor's Parcel Number 275-500-10." Motion carried 4-0, with Deputy Mayor Emery absent. ITEM 2 (203-08) CONDITIONAL USE PERMIT 88-19(2M) AMENDMENT APPLICANT: ST. BARTHOLOMEW'S EPISCOPAL CHURCH Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request to convert the south 3,000 square feet of the existing parish hall into a licensed preschool for property located at 16275 Pomerado Road. 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-gg-24, entitled, "A Resolution of the City Council of the City of Poway, Califomia Approving Conditional Use Permit 88-19(2M) Assessor's Parcel Number 275-510-167' Motion carried 4-0, with Deputy Mayor Emery absent. ITEM 3 (704-10) PUBLIC NUISANCE/13016 CLAIRE DRIVE 6585 Page 4 - CITY OF POWAY - March 30, 1999 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This property has been a source of complaints since May 1985 with notices to clean the property being sent to the property owner in 1987, 1995, 1996 and 1998. The house burned down in January 1999 and at the request of the Fire Department a fence was installed around the property to keep people out, however people have made a hole in the fence and been accessing the property. On January 6, 1999 a Notice to Clean Premises and a notice regarding inoperative vehicles were again sent to the property owner and returned by the post office as moved, left no address. The property was posted with the Notice to Clean Premises. All inoperative vehicles and a trailer will be towed when the necessary time has lapsed. It is necessary to have the property declared a public nuisance in order for the city to have the trash, debris, dilapidated buildings, piles of wood and dirt cleared from the property. All costs for abatement will be assessed to the property owner via the 1999/2000 property taxes with a $60.00 administration fee. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the public hearing and adopt Resolution No. 99-023, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Property at 13016 Claire Drive a Public Nuisance, Ordering the Removal of All Dilapidated Buildings, Trash, Piles of Wood, Dirt, and Debris." Motion carried 4-0, with Deputy Mayor Emery absent. ITEM 4 (203-04) VARIANCE 99-01 APPLICANT: GREYSTONE HOMES Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a side yard setback variance at the eastedy property line from the required 20 feet to 17.5 feet at 13697 White Rock Station Road. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing and adopt Resolution No. P-99-25, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 99-01 Assessor's Parcel Number 277- 181-04." Motion carried 4-0, with Deputy Mayor Emery absent. ITEM 5 (203-08) CONDITIONAL USE PERMIT 90-14M(2) MODIFICATION DEVELOPMENT REVIEW 98-23 APPLICANT: DON PATCH. POWA¥ VALLEY COLLISION 6586 Page 5 - CITY OF POWAY - Mamh 30, 1999 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 13,000 square foot steel frame auto repair building with a metal roof and wood siding on a one acre site (formerly 13131 Golden Way) to the south of 14211 Garden Road. There following people spoke in opposition to the project: Kevin Rohr, 13041 Golden Way Joe Thomas, 13115 Golden Way Whilma Thomas, 13115 Golden Way Laura Lewis 13035 Golden Way Katherine Staebler, 13123 Welton Lane Gary Staebler, 13123 Welton Lane Randy Von Nordheim, 13029 Golden Way Lisa Von Nordheim, 13029 Golden Way Steve Zuill, P.O. Box 873, (father's home on Welton Lane) The following people spoke in support of the project: Don Patch, 14005 Midland Road, representing Poway Valley Collision Jim Faaborg, 14211 Garden Road, owner Motion by Mayor Cafagna, seconded by Councilmember Goldby, to authorize the six month extension and continue the public hearing to May 11, 1999. In the interim, the Mayor is to meet with the applicant and neighbors to try to further mitigate opposition items, a report to be brought back to Council of meeting issues, staff to provide a certified public hearing notice to all registered property owners within 500 feet of the project. Motion carried 4-0, with Deputy Mayor Emery absent. ITEM 6 (405-01 R) SUBORDINATED TAX ALLOCATION NOTES Staff report by City Manager Bowersox. The Council is being requested along with the Redevelopment Agency and Financing Authority Board to adopt their respective resolutions authorizing the issuance of the notes, approve the Indenture of Trust, the Note Purchase Contract, the Bond Counsel Services Agreement, the Continuing Disclosure Agreement, the Fiscal Agent Fee Schedule, the Fiscal Consultant's Services and the Primary Official Statement. This financing issues short term tax allocation notes in the amount of $8,500,000 which will be used to pay the Low and Moderate Income Housing Fund judgement amount of $5,641,743, and reimburse a portion of the sewer fund loan ($1,128,348) which was used to make the interest payments. This refunding will reduce 6587 Page 6 - CITY OF POWAY - March 30, 1999 the current interest rate paid on the judgement from 10% to approximately 5.5%, depending upon market conditions at the time of the bond sale. Motion by Councilmember Higginson, seconded by Councilmember Goldby to adopt Resolution No. 99-024, entitled, "A Resolution of the City Council of the City of Poway, California, Approving the Issuance By the Poway Redevelopment Agency of Its Subordinated tax Allocation Notes, Issue of 1999 and Making Certain Determinations Relating Thereto." Motion carried 4-0, with Deputy Mayor Emery absent. ITEM 6.1 (1002-01) APPRAISAL OF BRANNON PROPERTY NORTHWEST CORNER POWAY AND COMMUNITY ROADS Staff report by City Manager Bowersox. Council has discussed this site and their desire to see a development more in keeping with the design criteria established in the Town Center District of the Poway Road Specific Plan. The Economic Development Subcommittee was directed to work with the property owner regarding the site. The authorization of an appraisal, would provide an objective indication of the property's value, and would assist in any analysis of the redevelopment or reuse potential. Jerry Brannon of Torrance California, son of current owner, stated that the property was not for sale and requested the City meet with his family. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to authorize the Agency's Executive Director to retain a qualified real estate appraiser to determine the fair market value of the site. Motion carried 4-0, with Deputy Mayor Emery absent. CITY ATTORNEY ITEMS 16A. City Attorney Eckis requested Council approval of a Settlement Agreement in the case of Stowe vs. Bank of America. This will reimburse Poway for attorney fees and staff costs and pay a $54,000 premium for participation in the lawsuit as well as a pro-rata share of the unclaimed bond proceeds. Motion by Councilmember Rexford, seconded by Councilmember Higginson, to approve the settlement agreement. Motion carried 3-1, with Councilmember Goldby voting "no" and Deputy Mayor Emery absent. 16B. City Attorney Eckis then requested a Closed Sessions for: Pending Litigation pursuant to Government Code §54956.9(a) Poway Land Inc. v. Poway Redevelopment Agency Appellate Court Case No. D031338 6588 Page 7 - CITY OF POWAY - March 30, 1999 16C. Closed Session Real Property Negotiations pursuant to Government Code {}54956.8 APN 275-780-04-00 Gateway Park Road, Poway California Negotiating Parties: Poway Redevelopment Agency James L. Bowersox, Executive Director Retirement Enterprises Inc. Robert Amberg, Vice President Under Negotiation: Price and Terms of Purchase. 16D. Closed Session Discussion of Potential Litigation pursuant to Government Code §54956.9(b)(1 ) Number of Cases: 1 MAYOR AND CITY COUNCIL-INITIATED ITEMS 18. Councilmember Goldby requested placement on a future agenda, consideration of the formation of a Teen Issues Committee; requested the Mayor attend the next Senior Issues Committee meeting and requested the Sheriffs Department increase their presence this month with possibly another DUI sweep. 20. Councilmember Rexford stated she had received a lot of public requests for future State of the City Addresses to be free and possibly one in the daytime and one in the evening. 21. Mayor Cafagna appointed the following: A. Housing Commission (701-09) Richard Howard by Councilmember Rexford Charles Dulaney by Mayor Cafagna Bo Tom Tremble as Chairperson of the Housing Commission. (701-09) 21C. Mayor Cafagna received Council concurrence to hold a pre-development conference on April 13, 1999 to consider the request of Jim Piva, Piva Equipment Rental, for operation of an equipment rental store at 12823 Pomerado Road. (203-18) 6589 Page 8 - CITY OF POWAY - Mamh 30, 1999 CLOSED SESSION Mayor Cafagna called for a Closed Session at 9:34 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna reconvened the meeting and announced that Council had taken action on Item 16B, Closed Session, in that they directed the Agency to appeal the attorney fees awarded, 4-0, with Deputy Mayor Emery absent. Mayor Cafagna then adjourned the meeting at 10:23 p.m. on motion by Councilmember Goldby, seconded by Councilmember Higginson. L~ri ~,nne Peoples, City Clerk - City of Poway 659O