CC 1999 08-31 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 31, 1999
The August 31, 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, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Bob Thomas
Niall Fritz
Jim Howell
Warren Shafer
Javid Siminou
Leonard Zuniga
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
City Engineer
SherifFs Lieutenant
Principal Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Consent Calendar as follows:
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o
Ratification of Warrant Register for the periods of August 2-6, 1999 and August
9-13, 1999. (401-10)
Approval of Minutes - City Council
August 3, 1999 - Regular Meeting
August 5, 1999 - Adjourned Regular Meeting
August 10, 1999 - Canceled Regular Meeting
11. City's Investment Report as of July 31, 1999.
(408-Ol)
12. Rejection of Claim for Damages: Esther Wulff.
(704-13)
13.
Temporary Sewer Connection for 13410 Stone Canyon Road, APN 275-183-02;
Terry and Wanda Nix, Applicants. (1170-13)
14.
Temporary Sewer Connection for 13411 Stone Canyon Road, APN 275-181-08;
John and Sandra Gonnerman, Applicants. (1170-13)
15.
Consideration of Awarding Telephone Service Utilizing the State of California
Contract (CALNET) to Pacific Bell and MCI WorldCom. (601-03)
16.
Approval of Agreement for Planning Consultant Services with Stan Donn, Jr.
effective July 1, 1999. (602-01 #1353)
17.
Acceptance of Public Improvements and Release of Securities for Park View
Terrace, Improvement No. 801-04-256. (602-01 #1218)
18. Status Report on the Red Gum Lerp Psyllid.
(1403-15).
19.
Approval of Final Map for Tract Map 97-04, Saddlebrook Estates, Approval of
Agreement Relating to Public Improvements, Acceptance of Public
Improvements, and Adoption of Resolution No. __ for Annexation into
Landscape Maintenance District 86-1A and City of Poway Lighting District,
Zones A and C: McCullough-Ames Development, Applicant. ( Continued to
September 7, 1999). (203-01)
Motion carried unanimously.
ITEM 1 (1002-01 R)
ACQUISITION OF PROPERTY
GATEWAY PARK ROAD
OWNER: RETIREMENT ENTERPRISES, INC.
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Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
item pertains to the acquisition of property for affordable senior housing and was continued
from the August 3, 1999 meeting to allow staff time to work with the property owner,
Retirement Enterprises, Inc. (RHF) to develop a course of action that might lead to
consideration of a double project (assisted living for RHF and affordable housing for the
City) on the combined acreage owned by RHF.
City Attorney Eckis stated that staff and RHF had concluded discussions and requested
the Council adjourn to Closed Session as listed under his Item No. 21, on the agenda.
Conference with Legal Counsel - Anticipated Litigation under Government Code
§54956.9(b), Number of cases: 1, 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. Upon their return from Closed Session, the Council will
decide whether to proceed with the hearing or have the City Attorney summarize their
position.
Mayor Cafagna adjourned the meeting into Closed Session at 7:05 p.m.
Council reconvened at 7:37 p.m. All members were present.
City Attorney Eckis stated that the Council had directed him to see if taking the RHF
property as a whole could result in placing both 80 units of assisted living and 84 units of
affordable housing on the combined site. Both parties believe it to be possible and have
worked out a Memorandum of Understanding. The Memorandum of Understanding calls
for an appraisal of the property on which the affordable housing would be built; entering
into an acquisition agreement; negotiating with RHF for a Disposition and Development
Agreement for which they would be responsible for the design and building of the
affordable senior units. A re-zone of the current Gateway property would be required as
RHF originally underbuilt their project and this would allow them to build out and add the
assisted and affordable housing projects. The two projects would be coordinated so that
the assisted living project would not go forward until the tax credits for the affordable
housing were applied for. A full public hearing would be held on the proposal for a
conditional use approval and if the conditions were accepted, it would go forward. If the
conditions are not accepted, Eminent Domain proceedings would go forward. He then
requested authorization to sign the MOU and continue the Public Hearing to October 5,
1999 and recommended the Council take public testimony from anyone opposed to this
proposal.
The following people were present wishing to speak:
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Laverne R. Joseph, 5150 E. Pacific Coast Highway, Long Beach, CA 90804
Representing: RHF, spoke in support of the proposed MOU.
Allen Haynie, 707 B Street, Suite 2100, San Diego, CA Representing: RHF,
spoke in support of the proposed MOU.
Chades L. Deem, 401 B Street, Suite 1700, San Diego, CA Representing: RHF,
spoke in support of the proposed MOU.
Robert Amberg, 5150 E. Pacific Coast, Highway #600, Long Beach, CA
Representing: RHF, spoke in support of the proposed MOU.
Doris Mandel, 12751 Gateway Park Rd., spoke in support of the proposed MOU.
Bob Tumy, 12751 Gateway Park Rd. #417, spoke in support of the proposed
MOU.
David Lomnitzer, 12647 Pedriza Dr., spoke in support of affordable housing only
and expressed concerns with density and possible blasting.
Frank Ledesma, 12622 Pedriza Rd., expressed concerns with possible blasting
and the size and scope of the project on the lot.
Christian Todesco, 12610 Pedriza Dr., opposed the proposed MOU and
supported Eminent Domain, due to the proposed density.
Joe Koslecke, 12720 Pedriza Dr., stated he shared his neighbors concerns.
William Partlo, 12634 Pedriza Dr., stated he shared his neighbors concerns.
Vilma Clampett, 12623 Pedriza Dr., stated she shared her neighbors concerns.
Earl Clampett, 12623 Pedriza Dr., stated he shared his neighbors concerns.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson to authorize the
City Attorney to sign the Memorandum of Understanding and continue the Public Hearing
to October 5, 1999. Motion carried unanimously.
ITEM 2 (203-24)
MINOR CONDITIONAL USE PERMIT 99-04
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.
It was continued from August 17, 1999 to allow time for Council to review the site and for
the owners to meet with the concerned neighbor.
Councilmembers Rexford and Higginson stated that they had visited the site, observed the
potential impact and were prepared to support the project.
The following people were present wishing to speak:
Kelly Burt, 14224 Harrow Place, owner, spoke in support of his proposed lighted
court.
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Bob Myers, 18028 Old Coach, spoke in opposition to allowing any lighting in the
valley.
Motion by Councilmember Higginson, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution No. P-99-65, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Minor Conditional Use Permit 99-04
Assessor's Parcel Number 277-201-20." Motion carried 4-1, with Deputy Mayor Emery
voting "no".
ITEM 3 (203-24)
ENVIRONMENTAL ASSESSMENT
MINOR CONDITIONAL USE PERMIT 99-06
APPLICANT: JEFF AND STEVE SCHULTZ
Mayor Cafagna opened the Public Heating. Staff report by City Manager Bowersox. This
is a request to establish a motorcycle and motor sport vehicle service and repair use within
the Motorsport Warehouse business located at 13630 Poway Road.
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-99-66, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Minor Conditional Use Permit 99-06
Assessor's Parcel Number 317-130-47," with a modification to condition 8 on page 3 to
require a minimum 6 foot high solid masonry wall around the outdoor storage area to
completely screen all vehicles, merchandise, equipment, etc from view. Motion carried
unanimously.
ITEM 4 (401-27)
CONDITIONAL USE PERMIT 99-09
SPECIFIC PLAN AMENDMENT 84-01PP
APPLICANT: ANDY PARKER
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to utilize 19,393 square feet of an existing 48,455 square foot building under
construction for an athletic health club and approval of a Specific Plan Amendment to allow
the health club to exist within the Light Industrial Zone with a Conditional Use Permit.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna, to close the
public headng and adopt Resolution No. 99-072, entitled, "A Resolution of the City Council
of the City of Poway, California, Amending the South Poway Specific Plan to Allow Athletic
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& Health Clubs as a Conditional Use Permit Use in the Light Industrial (LI) Area Specific
Plan Amendment (SPA 84-01PP); and Planning Resolution No. P-99-67, entitled, "A
Resolution of the City Council of the City of Poway, California Approving Conditional Use
Permit 99-09 Assessor's Parcel Number 317-281-11 ." Motion carried unanimously.
ITEM 5 (203-08)
ENVIRONMENTAL ASSESSMENT
CONDITIONAL USE PERMIT 99-02
DEVELOPMENT REVIEW 99-07
APPLICANT: POWAY CONGREGATION OF JEHOVAHS' WITNESSES
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Director of Development Services Fritz. This is a request to construct two 4,500
square foot worship buildings on the vacant 3.2 acre property located approximately 160
feet south of the intersection of Garden Road and Claire Drive on the west side of Claire
Drive.
The following people were present wishing to speak:
Ken Chernish, Project Manager, Representing Jehovahs' Witnesses, P.O. Box 2695,
Escondido, spoke in support of their project.
Deborah Bryce, 15525 Hidden Valley Road, spoke in opposition due to the increased
traffic potential.
William Bryce, 15525 Hidden Valley Road, spoke in opposition due to the increased
traffic potential.
John Boarman, Traffic Engineer for Jehovahs' Witnesses spoke in support of the project
and responded to questions of the Council.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public
hearing and adopt Planning Resolution No. P-99-68, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Conditional Use Permit 99-02 and
Development Review 99-07 Assessor's Parcel Number 323-060-01." Motion carried
unanimously.
ITEM 6 (208-04R)
DEVELOPER SELECTION PROCESS
BREIHAN AFFORDABLE HOUSING DEVELOPMENT
Staff report by City Manager Bowersox. The Redevelopment Agency acquired the Breihan
site in 1994 for the development of affordable housing. This property is located on the east
side of Community Road, immediately south of Haley Ranch Estates. Staff with the
assistance of David Paul Rosen & Associates, have evaluated methods for selecting
developers. The Redevelopment and Housing Advisory Committee would participate with
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2 members volunteering to serve, along with 2 Agency Board members on the Working
Group that would identify the top developer candidate. The full Agency Board would make
the final developer selection. It is anticipated that the developer selected for the Breihan
site would also assume the Agency's interest in Haley Ranch Estates, consistent with City
Council policy.
Staff is requesting the Redevelopment Agency Board: (1) authorize staff to initiate the
developer selection process; (2) charge the Redevelopment and Housing Advisory
Committee with participation in this process through two Committee member volunteers
serving on the developer selection Working Group; and, (3) identify two Agency Board
member volunteers to serve on the Working Group.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve staff
recommendation. Motion carried unanimously.
ITEM 7 (208-03)
AFFORDABLE HOUSING REHABILITATION GUIDELINES
CDBG HOUSING REHABILITATION PROGRAM GUIDELINES
Staff report by City Manager Bowersox. Because there is limited funding available for new
Affordable Housing Rehabilitation loans, staff recommends that the maximum household
income be lowered from the existing limit of 120% of median (currently $63,000 for a
household of four) so as to target assistance to the homeowners with greater need. In
1998 the remaining households on the updated Waiting List was surveyed to determine
income distribution. Many homeowners on the Waiting List have incomes that just exceed
the maximum permitted for the CDBG Program. The CDBG income limit is 80% of median
($42,000/household of four). If the income limit is set at 100% of median
($52,500/household of four) assistance would be available for the majority of the
households who do not qualify for the CDBG-funded Program, while still targeting median
and lower income households.
When the CDBG Housing Rehabilitation program was developed, the guidelines did not
include any provision for loans to exceed the $8,000 limit. The Affordable Housing
guidelines include an "excess loan" program which allows the Executive Director to
approve loans that exceed the Program limit, under certain warranted circumstances. This
provision was not included in the CDBG Guidelines in the interest of "stretching" the limited
funding to cover as many loans as possible. As the end of the Waiting List will be reached
this fall, it is now feasible to allow excess loans for homeowners who need to borrow more
than $8,000 in order to correct serious health and safety problems.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve the
proposed amendments to the guidelines. Motion carried unanimously.
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CITY MANAGER ITEMS
20.
City Manager Bowersox introduced Deborah Johnson, Director of
Redevelopment Services in waiting who will be joining staff effective October 1,
1999.
He also announced that the Central Pacific Housing Development had awarded
Studio E with the Golden Nugget for the Parkview Terrace Project. Additionally,
the Parkview Terrace Project had been nominated by some of the residents for
an Orchid award.
CITY ATTORNEY ITEMS
21.
City Attorney Eckis requested and received concurrence to hold the 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 during
Agenda Item No. 1.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
22A.
Councilmember Emery stated that the League of California Cities is opposing
AB 84 and requested Council do the same.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to
oppose AB 84. Motion carried unanimously.
22B.
Councilmember Emery stated that the Legislature was once again meddling in
local jurisdictions with assistance of MTDB, regarding the procedure for
allocation of TDA funding through SB 664. In the latest form reviewed, the bill
would jeopardize Poway and several other jurisdictions' ability to operate their
local transit systems. He requested Council join the other cities in opposition.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to
oppose SB 664. Motion carried unanimously.
23.
Councilmember Goldby thanked the Community Services staff for providing a
tour of local skateboard parks. He then discussed the recent media coverage
of the City's crime rate,
24.
Councilmember Rexford mentioned the recent increase in stickers featuring
distorted faces that have been placed on fixtures such as sign backs and utility
boxes throughout the City and thanked staff for their quick removal.
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26A.
Mayor Cafagna spoke regarding a request from the Boys and Girls Club of
Inland North County for financial assistance and requested concurrence from
Council for the site on Twin Peaks to be appraised.
General discussion ensued with concerns being expressed regarding the
location of the club and placing it within the central area of need.
Mark Baker, 15334 Bandy Canyon Road, Escondido, representing the Boys
& Girls Club responded to questions of the Council, stating that the needs are
a minimum of 2 acres, they would offer bussing for a fee unless there is an
economic hardship in which case they would scholarship the membership
and transportation.
Chris Cruse, 13734 Utopia Road, stated she supported having a Boys and
Girls Club, but did not like the recommended site.
Larry Cruse, 13734 Utopia Road, representing SWPHA, expressed his views
on the proposed location and the demographics of where those in need live.
Zip Lucidi, 11974 Avenida Consentido, San Diego, spoke in support of having
a Boys and Girls Club in Poway.
General discussion ensued regarding possible locations.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to have staff
prepare an expanded site analysis for an upcoming workshop and contact Mr. and Mrs.
Cruse for their input. Motion carried unanimously.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:36 p.m. on motion by Councilmember Rexford,
seconded by Councilmember Higginson, to September 2, 1999 at 6:00 p.m. in the Council
Chambers, 13325 Civic Center Drive.
LoCi Anne Peoples, City C-~erk
City of Poway
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