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.
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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)
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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
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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
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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
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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
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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)
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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