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CC 1999 04-13 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 13, 1999 The April 13, 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, Don Higginson, Jay Goldby, Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Lori Anne Peoples Steve Eckis Peggy Stewart Bob Thomas Niall Fritz Javid Siminou Ron Ballard Jim Howell Warren Shafer Mike Hubert Leonard Zuniga Peter Moote Sherrie Worrell Steve Streeter Marijo VanDyke Jennifer Monroe City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Acting Director of Engineering Services Interim Director of Planning Services Director of Public Services Director of Redevelopment Services Safety Services Division Chief Sheriffs Lieutenant Deputy Director of Administrative Services Deputy City Clerk Principal Planner Associate Planner Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented Employee Service Awards to the following: Jim Bentz, Community Services Manager - 25 years; Elliott Hunter, Fire Engineer - 15 years; Richard Tallman, Fire Engineer - 15 years; Mark Bdnton, Equipment Mechanic - 10 years; Carlton Hodges, Facilities/Construction Maintenance Worker - 10 years. 6592 Page 2 - CITY OF POWAY - April 13, 1999 Mayor Cafagna then presented Proclamations declaring April 14, 1999 as Kick Butts Day to Lauren Bille and Kelsey Scott of the Safety Wellness Advocacy Coalition Student Advisory Board and declaring April 17, 1999 as "Earth Day" and "Arbor Day" to Director of Public Services Jim Howell. PUBLIC ORAL COMMUNICATIONS Mike Neufeld of the Poway Chamber of Commerce provided Council with updates on the Poway Map and Business Expo. CONSENT CALENDAR Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: Ratification of Warrant Register for the periods of March 15-19 and 22-26, 1999. (401-10) Approval of Minutes - City Council March 16, 1999 - Regular Meeting March 23, 1999 - Regular Meeting March 30, 1999 - Regular Meeting April 6, 1999 - Canceled Meeting 10. Approval of Minutes - Public Financing Authority March 30, 1999 - Regular Meeting 11. Authorization to purchase a 1999 Toro Groundsmaster 3000-D 2WD Riding Mower from California Turf in the amount of $23,998.42. (601-03) 12. Appropriation of $41,761 in Funding for the 24th Year Community Development Block Grant (CDBG) - Poinsettia Senior Mobile Home Park Recreation Building Americans with Disabilities Act (ADA) Retrofit Project. (401-30) 13. Acceptance of Status Report on the Year 2000 Impacts to City Computer and Control Systems. (204-02) 14. Acceptance of the Various Storm Drain Improvements from Kay Construction Co. (602-01 #1287) 6593 Page 3 - CITY OF POWAY - April 13, 1999 15. Acceptance of Wash Rack Purchase and Installation Project from Supedor Cleaning Equipment, Inc. (602-01 #1264) 16. Approval of Proposed Class Specification of City Engineer. (503-03) 16.1 Approval of Positions on Pending Legislation: Support AB 1612: Storm Repair: Local Streets and Highways, AB 1475: Highways: Safe Routes to School Program; Oppose SB 739: Local Government Labor Relations Improvement Act of 1999, SB 153: Private Property Takings Analysis, SB 1200: Disabled Access to Public Accommodations (Drive-Thrus), SB 1190: Redevelopment- Low-and Moderate- Income Housing Funds, SB 498: Public Employees Retirement, Maximum Allowance and AB 1411: Firefighters Procedural Bill of Rights. (701-11) ITEM 1 (203-10) MINOR DEVELOPMENT REVIEW 98-115 APPLICANT: JACK KIRKER Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request to construct a 4,021 square foot home 32 feet in height on a one acre lot at 17750 Valle Verde Road. Staff approved the MDRA. A neighbor appealed the staff approval with concerns that the project does not meet their neighborhood development standards and will block their views. Staff initially supported the appeal but is now of the opinion that its original concerns have been sufficiently addressed and recommends the approval be upheld. The following persons were present speaking in opposition to staff recommendation: Cheryl Roddy, 17759 Valle Verde Ken Moeller, 1831 Avenida Josefa, Encinitas (Architect for the Roddy's) Michael Roddy, 17759 Valle Verde The following persons were present speaking in support of staff recommendation: Gaby Sulpizio, 12912 Lomas Verdes Drive (Lomas Verdes Homeowners Assn.) Sharon Swildens, 13310 Starmount Way (Lomas Verdes Homeowners Assn.) Daniel Martorella, 4612 Park Blvd., San Diego (Attorney for Mr. Kirker) Denzil Lee, 31242 Orange Avenue, Nuevo (Architect for Mr. Kirker) Jan Kerr, 17743 Valle Verde stated she was not notified by the Lomas Verdes Homeowners Association. 6594 Page 4 - CITY OF POWAY - April 13, 1999 Motion by Councilmember Higginson, seconded by Mayor Cafagna, to close the public hearing and adopt Planning Resolution upholding staff approval of Minor Development Review 98-115. Motion failed 3-2 with Deputy Mayor Emery, Councilmember Rexford and Councilmember Goldby voting "no." Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to continue the item to April 27, 1999. Motion carded 3-2 with Councilmember Higginson and Mayor Cafagna voting "no." ITEM 2 (701-04) ORDINANCE NO. 511/SECOND READING REPEALING DEVELOPMENT AGREEMENT POWAY PARTNERS, L.L.C. Mayor Cafagna read the title of Ordinance No. 511, "An Ordinance of the City of Poway, California Repealing Ordinance No. 471 Approving a Development Agreement with Poway Partners, L.L.C." There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the public hearing, waive further reading, and adopt Ordinance No. 511. Motion carried unanimously with a roll call vote. ITEM 3 (203-04) VARIANCE 98-18 APPLICANT: CORNERSTONE CHRISTIAN SCHOOL Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request for a fence height variance approval to allow 3-5 foot high chain link fencing to be added to the top of an existing 8 foot masonry wall located along the northerly and eastedy property lines of the playground area at 13617 Midland Road. The maximum wall height permitted by code is 8 feet. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-99-26, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 98-18 Assessors Parcel Number 317-122-28, 47 and 66." Motion carried unanimously. 6595 Page 5 - CITY OF POWAY - April 13, 1999 ITEM 4 (205-02) CAPITAL IMPROVEMENT PROGRAM FY 1998-99 THROUGH FY 2000-01 Staff report by City Manager Bowersox. Over the past five years, the City has had limited ability to fund new capital improvement projects. This report recommends an increase in capital improvement funding of $2,961,000 between FY 1999/00 and FY 2000/01. These additional funds are available as a result of the sale of Henry's Market, new federal TEA- 21/STP funds and will supplement funding for projects identified and approved in Mamh 1998. These projects include Pomerado Road (Poway Road to Leona Lane, Leona Lane to 350' S/o Meadowbrook Lane, 350' S/o Meadowbrook Lane to Glen Oak Road, and Sound wall along Halper Road; Community Road and Camino del Norte and Espola Road Overlay. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to authorize the appropriation of $2.961 million in specified funds; authorize the loans as specified in the report and approve the amended capital improvement program for fiscal years 1998-99 and 2000-01 by adoption of Resolution No. 99-026, entitled, "A Resolution of the City Council of the City of Poway, California Approving Capital Improvement Budget Amendments for Fiscal Years 1998-1999 Through Fiscal Year 2000-2001 ." Motion carried unanimously. ITEM 5 (1002-01) STATUS REPORT POWAY CREEK DETENTION BASIN Staff report by City Manager Bowersox. A recently conducted hydrology study revealed new runoff data, casting a doubt of the ability of the proposed detention basin on Lot D to accommodate a runoff of a 100-year flood occurrence. This report concerns the status of the dedication of property for a detention basin as part of a requirement of TM 83-02. Lot D was dedicated for this purpose on Subdivision Map No. 12090 recorded on June 3, 1988. Ownership will revert to the developers if not under construction by June of 2000. Staff has determined it would be more appropriate to delay the start of any detention basin design and construction until the master plan is produced and identifies the size and more appropriate locations. It is the opinion of the City Attorney that no significant financial implications would be created by delaying the construction beyond June 2000 as far as acquisition of the easement is concerned. Council concurred to receive and file the report and directed staff to obtain an appraisal of the property. 6596 Page 6 - CITY OF POWAY - April 13, 1999 ITEM 6 (202-01) GOALS AND OBJECTIVES Staff report by City Manager Bowersox. Periodically, the City Council reviews the status of Goals and Objectives for inclusion in the upcoming fiscal year's financial plan. Council commended Deputy City Manager Penny Riley and Management Analyst Jennifer Monroe on their preparation of the report and concurred to receive and file it. ClTY MANAGERITEMS City Manager Bowersox welcomed Director of Development Services, Niall Fritz. He also stated that he had received notification from the family of Barbara Rexrode, wife of Poway's first Mayor, that she had passed away on April 4, 1999. CITY ATTORNEY ITEMS 18. City Attorney Eckis requested a Closed Session under Government Code §54956.9(c), whether or not to initiate litigation; 2 cases. MAYOR AND CITY COUNCIL-INITIATED ITEMS 19. Deputy Mayor Emery requested a future agenda item to discuss the Poway position on regional growth to include a presentation by our housing element consultant. He also requested a subcommittee meeting to liaison with the community and local college districts. 20. Councilmember Goldby requested and received concurrence from Council for the formation of a Teen Issues Committee. 23A (203-18) PRE-DEVELOPMENT CONFERENCE APPLICANT: JIM PIVA City Manager Bowersox explained the process for a pro-development conference. It is an opportunity for a potential applicant to have some informal discussion with the City Council prior to spending money on application fees. No decisions aro made. Jim Piva of Piva Equipment Rental stated that he had located a piece of property at 12823 Pomerado Road, He is interested in opening his equipment rental store there which would include small to medium size lawn and garden equipment and vadous types of contractors' equipment. All large equipment would be kept at the Ramona location. Staff has advised that the property is zoned for this type of use with a CUP required. 6597 Page 7 - CITY OF POWAY - April 13, 1999 Council suggested Mr. Piva talk with the adjoining tenants and property owners prior to going forward. Mr. Piva stated he planned on dressing up the building, painting, planting, cleaning up the easement around the area etc. CLOSED SESSION Mayor Cafagna called for a Closed Session at 9:15 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna reconvened the meeting and adjourned it at 9:30 p.m. on motion by Deputy Mayor Emery, seconded by Councilmember Higginson. LorI Anne Peoples, City cr~erk Cit~/of Poway 6598