Loading...
CC 1999 08-17 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 17, 1999 The August 17, 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 Ddve, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLLCALL Don Higginson STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Bob Thomas Niall Fritz Jim Howell Warren Shafer John Tenwolde Steve Streeter Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Community Services Director of Development Services Director of Public Services Director of Redevelopment Services Sheriff's Captain Principal Planner Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Emery Led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna read into the record, a Certificate of Commendation for Poway resident, Tony Gwynn. The Mayor stated he had presented the original to Mr. Gwynn at a recent Padres Game. 6709 Page 2 - CITY OF POWAY - August 17, 1999 PROCLAMATIONS Mayor Cafagna presented a Proclamation entitled, "Interfaith Community Services Week, August 20-29, 1999" to representatives Saemi London Marcus and Myrna Reese. Mayor Cafagna presented a Proclamation entitled, "Children's Vision and Leaming Month, August 1999" to representative, Dr. Janiuk. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following people were present wishing to be heard: Lori Rolie, 12611 Pedriza Drive, requested consideration of stop signs on Stone Canyon Road. Maryann Milcetic, 12735 Larchmont Street, made inquiry and expressed opposition to development by Standard Pacific to property at the end of Larchmont Street. Ead Clampett, 12623 Pedriza Drive, requested consideration of stop signs on Stone Canyon and Country Squire. Joe Balding, 12757 Stone Canyon Road, requested consideration of stop signs at Stone Canyon and El Norte as well as temporary warning signs in front of his home which was the scene of a recent fatal accident. Jim Piva, 13172 Poway Road, representing the Poway Chamber of Commerce invited all present to the first Tri-Chamber Summer Fest, Thursday at 5:30 p.m. at the Carmel Mountain Country Club and announced that a new four-color map of the City had been made and was available to the public. CONSENT CALENDAR Councilmember Rexford requested Item 14 be removed from the Consent Calendar for discussion. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the remainder of the Consent Calendar as follows: Ratification of Warrant Register for the periods of July 12 to July 16, July 19 to July 23 and July 26 to July 30, 1999. (401-10) 6710 Page 3 - CITY OF POWAY -August 17, 1999 10. Approval of Minutes - City Council July 20, 1999 - Regular Meeting July 27, 1999 - Canceled Regular Meeting 12. 13. 15. 16. 17. 18. 19. 20. 21. 22. Rejection of Claim for Damages: Gary Pekala (704-13) Designation of Voting Delegate for League of California Cities Annual Conference - October 10-12, 1999. (1503-22) Approval of Policy Regarding the Maintenance of Private Streets. (1110-05) Award of Design Work Contract for the 1999 Facility Maintenance Program and for the Weingart Senior Center Kitchen and Restroom Renovation Project to Sillman/Wyman, Inc. in the amount of $22,000. (602-01 #1347) Approval of Agreement for Legal Services with McDougal, Love, Eckis, Smith & Boehmer. (602-01 #259) Approval of Report of Administrative Action Taken on City Council-Initiated and Public Inquiry Items. (701-10) Status Report on City of Poway "Year 2000" Readiness and Contingency Planning. (204-02) Hillside/Ridgeline Minor Development Review 99-57, Robert and Susan Grimes, Applicants: A request to construct a 3,678 square-foot, two-story single family hillside residence on a vacant four acre property located on the north side of Addan Street, within the 13800-13900 block. Adopted Resolution No. P-99-58. (203-10) Hillside/Ridgeline Minor Development Review 99-60, Don Patch, Applicant/James Bainbridge, Owner: A request to construct a 3,345 square-foot, one-story house with garage at 20 foot maximum height and a batting cage on four acres at 16008 Eucalyptus Heights Road. Adopted Resolution No. P-99-59. (203-10) Minor Development Review 99-70, Gary & Terese Ghio, Applicant: A request to construct a 5,210 square-foot, two-story home with a 1,200 square-foot garage and a 960 square-foot/22 foot high barn on 1.7 acres at 14130 Tierra Bonita Road. Adopted Resolution No. P-99-60. (203-10) 6711 Page 4 - CITY OF POWAY - August 17, 1999 23. Annexation into Landscape Maintenance Distdct (LMD) 86-3B: APN 317-190-44-00, Travis Family Trust, Owner. Adopted Resolution No. 99-070. (705-12) 24. Acceptance of Rolling Hills Estates Landscape Improvements within Landscape Maintenance District (LMD) 87-1: Shea Homes (TTM 88-04R), Applicant.(203-01) 24.1 Approval of Parcel Map for Tentative Parcel Map 98-14, and Approval of Agreement Relating to Improvements: Zip and Lisa Lucidi, Applicants. (203-02) 24.2 Award of Bid for the Portable Emergency Electricity Generator to Hawthome Power Systems in the amount of $51,707.50. (601-03) Motion carried 4-0 with Councilmember Higginson absent. ITEM 1 (203-08) CONDITIONAL USE PERMIT 99-06 MINOR DEVELOPMENT REVIEW 99-78 APPLICANT: JAMES STEVENSON Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct an 880 square foot accessory apartment at 14525 Millards Road. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-99-61, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 99-06 and Minor Development Review 99-78 Assessor's Parcel Number 321- 271-29." Motion carried 4-0 with Councilmember Higginson absent. ITEM 2 (203-24) MINOR CONDITIONAL USE PERMIT 99-07 APPLICANT: TRIDENT HOMES OF CALIFORNIA Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Development Services Fritz. This is a request to allow a 5,692 6712 Page 5 - CITY OF POWAY - August 17, 1999 square foot dental building (Building A) for medical, dental and related health services on the south east portion of the Scripps Poway Plaza. The proposed building was originally planned for a bank with a drive-through service. Traffic generation would have been on the order of 600 vehicles per day estimated based on the square footage of the building. Traffic generation for the proposed dental building would be considerably less, on the order of an estimated 250 trips per day. Additionally the traffic generated would be intermittent and more controlled than a bank with drive-through access and dentist/dental specialists would have appointments for their patients. 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-99-62, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 99-07 Assessor's Parcel Number 320-200-43?' Motion carried 4-0 with Councilmember Higginson absent. ITEM 3 (203-08) CONDITIONAL USE PERMIT 99-10 APPLICANT: CITY OF POWAY Mayor Cafagna opened the Public Headng. Staff report by City Manager Bowersox. This is a request to construct a City minipark on a 0.72 acre site located at 12804 Old Pomerado Road (Bette Bendixen Minipark). 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-99-63, entitled, "A Resolution of the City Council of the city of Poway, California Approving Conditional Use Permit 99-10 Assessor's Parcel Number 317-792-31." Motion carried 4-0 with Councilmember Higginson absent. ITEM 4 (401-27) TAX PATE,?, FOR BOND INTEREST & REDEMPTION 19.99-00 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The City of Poway has one existing General Obligation Bond issue - the Poway Municipal Water District. In order to have the bond principal and interest for fiscal year 1999-2000 collected on the tax roll, it is necessary for Council to approve the rates for the bond issues and notify the County of San Diego of the amount to be levied. There was no one present wishing to speak. 6713 Page 6 - CITY OF POWAY - August 17, 1999 Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public hearing and adopt Resolution No. 99-071, entitled, "A Resolution of the City Council of the City of Poway, Califomia, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Year 1999-2000 for Improvement Districts of the City Formedy Known as Poway Municipal Water District." Motion carried 4-0 with Councilmember Higginson absent. ITEM 5 (203-08) ' MODIFICATION OF CONDITIONAL USE PERMIT 90-10 APPLICANT: WAL-MART Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by Director of Development Services Fritz. This is a request to allow a 4,800 square foot expansion of the existing Garden Center; temporary use of seatainer storage units at the east side of the building; an increase in the number of days for outdoor display and sales for sidewalk site sales and within Special Events Area up to 20 days within a 60 day period; veterinary services providing vaccinations and treatment of minor skin irritations for small animals within the Garden Center and the addition of three landscape islands for three cart racks at 13425 Community Road. The following people were present wishing to speak: Cheryl LaPorte, 13445 Community Road, spoke in opposition to the proposed provision of veterinary services. Allen Butcher, 3615 Kearny Villa Road, San Diego, representing Wal-Mart Stores, Inc. spoke in support of their request and responded to questions of the Council. Motion by Deputy Mayor Emery, seconded by Councilmember Rex'ford, to close the public hearing and adopt Planning Resolution No. P-99-64 as amended to delete the increase in number of days for outdoor display and sales and veterinary services with the finding that denial is not for economic purposes. The resolution entitled, "A Resolution of the City Council of the City of Poway, California Approving a Modification to Conditional Use Permit 90-10M Assessor's Parcel Number 317-130-66." Motion carried 4-0 with Councilmember Higginson absent. ITEM 6 (203-24) MINOR CONDITIONAL USE PERMIT 99-04 OWNERS: KELLY AND LAURIE BURT APPLICANT: MCCULLOUGH-AMES DEVELOPMENT Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to add eight lights to an approved tennis court located at 14385 Ciera Court. The proposed lights would be mounted on 18 foot high poles, designed with cutoff shields 6714 Page 7 - CITY OF POWAY - August 17, 1999 to direct and confine the light to the court. Landscaping will be installed to screen the tennis court from adjacent properties. There are no immediate neighbors at this point since The Heritage project is in the early phases of construction. The following person was present wishing to speak: Robert Myers, 18028 Old Coach Road, spoke in opposition to the proposed lights due to the effect he felt they would have on other properties in the valley. Principal Planner Streeter responded to questions of the Council and Mr. Myers regarding lighting concerns. General discussion ensued. Kelly Burr, 14224 Harold Place, project owner, spoke in support of his request and presented the Council with photos showing his present court and lights. Further he stated that he had spoken with the two neighbors to the north of the proposed house, they had visited his current house and tennis court and viewed the lights and have no opposition. He then invited Mr. Myers to view his home and lights. Motion by Mayor Cafagna, seconded by Councilmember Goldby to close the public hearing and approve the Minor Conditional Use Permit 99-04. Motion failed 2-2 with Deputy Mayor Emery and Councilmember Rexford voting no and Councilmember Higginson absent. The item continued automatically to the meeting of August 31, 1999. ITEM 7 (209-00R) COMMERCIAL REHABILITATION LOAN PROGRAM Staff report by City Manager Bowersox. On Apdl 27, 1999, Council approved this program including Program Guidelines that explained the application process and review criteria. Upon review of the applications received, two questions arose that were not foreseen in the Guidelines. First, the program was intended for existing Poway businesses and defining what constitutes an established Poway business. Second, addressing an application that only proposes sign replacement as the basic rehabilitation, when it was anticipated that signage would be part of an overall rehabilitation effort. The proposed revisions clarify that the program is intended for established Poway businesses, defined as being in business in Poway for at least one year prior to application. Also, they establish a limit of 50% of the cost of the sign (including design, construction, installation and fees), which must be at least five years old, if sign replacement is the only rehabilitation activity proposed. 6715 Page 8 - CITY OF POWAY -August 17, 1999 Motion by Councilmember Rexford, seconded by Mayor Cafagna, to approve the revised Program Guidelines. Motion carried 4-0 with Councilmember Higginson absent. ITEM 8 (602-01 #288R) COMMERCIAL REHABILITATION LOAN PROGRAM APPLICANT: POWAY & POMERADO, L.L.C Staff report by City Manager Bowersox. On April 27, 1999, the Council approved the Commercial Rehabilitation Loan Program. This is the first Targeted Rehabilitation Application considered by the Council. Targeted Rehabilitation is intended to demonstrate how the Poway Road Specific Plan concepts can be implemented. The application proposes the rehabilitation of two commercial buildings located at 13025 and 13029 Pomerado Road in compliance with the Poway Road Specific Plan. The application under consideration is for financial assistance in the amount of $85,000 of the estimated $353,000 project cost. This ratio is $4 private investment to $1 public funding. The loan is a non-interest bearing forgivable loan. The loan is on a reimbursement basis after completion of the project. Twenty percent of the loan amount is forgiven (amortized) each year. The loan is fully forgiven after five years. Councilmember Rexford expressed concerns with the ratio provisions and requested the Economic Development Committee review them and bring a recommendation back to the Council. Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve the application. Motion carried 4-0 with Councilmember Higginson absent. ITEM 14 (701-18) COLOR CITY LOGO AND FLAG DESIGN Councilmember Rexford thanked staff for their hard work on creation of a color City logo and flag and then suggested consideration of a white flag background. General discussion ensued with consensus of the Council being to have staff consider additional color combinations and bring the item back to Council at a future date. CITY MANAGERITEMS 25. City Manager Bowersox announced the appointment of Deborah Johnson as Director of Redevelopment Services effective October 1, 1999. He also announced that Director of Safety Services Sanchez and his wife Leisel had welcomed a new baby gid, Jennifer Adelina into their household last Wednesday. 6716 Page 9 - CITY OF POWAY - August 17, 1999 CITY ATTORNEY ITEMS 26. City Attorney Eckis requested and received concurrence for a Closed Session, Conference with Legal Counsel - Anticipated Litigation under Government Code §54956.9(b), 1 case, Conference with Real Property Negotiator, Property: Gateway Park Road Parcel, Negotiating parties: James Bowersox, Poway Redevelopment Agency, Buyer; Robert Amberg, Retirement Enterprises, Inc., Seller Under negotiation: Price and terms of purchase MAYOR AND CITY COUNCIL-INITIATED ITEMS 27. Councilmember Emery requested the City bring back a staff report on AB 84 which would allow the League to create a separate PAC (Association for Better Cities) so that they could operate on behalf of the cities and inquired as to whether the City could acquire the Poway Trolley Bus upon its retirement from the fleet. 28. Councilmember Goldby expressed his gratitude to'the Teen Recreation Club for painting all the Community Park tables and benches back in June and thanked them for their continued community service. 30. Councilmember Rexford requested staff look into the property located on Poway Road recently mentioned in the North County times, where artifacts were recently found and develop an information file on the site. 31. Mayor Cafagna announced the birth of his second Grandson, Jared Michael, born Sunday at 7:00 p.m. CLOSED SESSION Mayor Cafagna adjourned to Closed Session as requested by the City Attorney at 8:50 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 9:04 wi.th all members present except Councilmember Higginson and adjourned the meeting at 9:05 p.m. on motion by Councilmember Rexford, seconded by Councilmember Goldby. City of Poway 6717