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CC 2000 01-11 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 11, 2000 The January 11,2000, 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 Warren Shafer Bob Thomas Niall Fritz Jim Howell Deborah Johnson Mark Sanchez John Tenwolde Patti Brindle Steve Streeter Mike Robinson Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Development Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Planner Principal Planner Traffic Safety Engineer Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Higginson led the Pledge of Allegiance. PRESENTATIONS Mayor Cafagna presented Employee Service Awards to Safety Services Director Sanchez for presentation to Timothy Carle, Fire Captain - 25 Years and Wayne Gilbert, Housing Program Coordinator, 10 Years. Council then heard a brief verbal presentation by Larry House on his participation in the Picture Yourself in Local Government Summer Institute this past August which was sponsored by the City of Poway. 6822 Page 2 - CITY OF POWAY - January 11,2000 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 Councilmember Emery, to approve the Consent Calendar as follows: 5. Ratification of Warrant Register for the period of December 13-17, 1999. (401-10) Approval of Minutes - City Council November 30, 1999 - Regular Meeting December 7, 1999 - Regular Meeting December 9, 1999 - Adjourned Regular Meeting December 14, 1999 - Regular Meeting December 21, 1999 - Canceled Regular Meeting December 28, 1999 - Canceled Regular Meeting Approval of Engineering Agreement between the City of Poway/Poway Redevelopment Agency and Nolte and Associates, Inc., for Engineering Services to Design the Community Road Widening and Overlay Project between Poway Road and Twin Peaks Road. (602-01 #1381) Motion carried unanimously. ITEM lA (203-24) MINOR CONDITIONAL USE PERMIT 99-08 APPLICANT: DIXIELINE LUMBER COMPANY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a mini storage unit to be placed on the side of the building outside of the 20 foot wide minimum fire lane, compliance for the existing outdoor storage of materials to the side of the Dixieline Lumber building and the outside display of memhandise in front of the building at 13345 Poway Road. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-00-06, entitled, "A Resolution of the City 6823 Page 3 - CITY OF POWAY - January 11,2000 Council of the City of Poway, California Approving Minor Conditional Use Permit 99-08 Assesso¢s Parcel Number 317-473-12." Motion carried unanimously. ITEM 1 (1002-01 R) RESOLUTION OF NECESSITY TO ACQUIRE 2.06 ACRES ON MONTE VISTA ROAD Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff report by City Attorney Eckis. The original report erroneously referred to the designation and suitability of this site as senior housing. The site has not been designated as a senior housing site and is as suitable for affordable family housing as it is for affordable senior housing. The subject property was chosen in 1991 by the City Council as a prime site for affordable housing and was assigned the affordable housing overlay. The owner has expressed a desire and obtained a CUP to build an AIzheimer's facility on the property instead of affordable housing. Public interest and necessity require that this site be acquired to assure that it will be developed for affordable housing. It is recommended that the Agency take public input, add to the agenda a Closed Session under Government Code section 54954.2, discuss in closed session whether or not to initiate litigation under Government Code section 54956.9(c) and direct the real property negotiators, James Bowersox for the City and Mr. Harrington for the property owner to continue further negotiation on the site under Govemment Code section 54956.8. The Agency should then adopt the Negative Declaration and Resolution of Necessity and direct the City Attorney/General Counsel to initiate the necessary legal proceedings to acquire the property. The following person was present wishing to speak: Marv Levenson, Administrator of Pomerado Hospital, 15615 Pomerado Road, expressed the Hospital's desire to obtain the site for their use, and concerns with the need for an easement for a second ingress/egress on the site. CLOSED SESSION Mayor Cafagna adjourned to closed session at 7:20 p.m. CALL TO ORDER Mayor Cafagna called the meeting back to order at 7:40 p.m. with all members present. City Attorney Eckis reported that the Council had instructed him with respect to commencement of litigation and given direction to the City Manager to continue further negotiation of the site. 6824 Page 4 - CITY OF POWAY - January 11,2000 Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to close the public hearing, issue the Negative Declaration, adopt Redevelopment Agency Resolution No. R-O0-01, entitled, "A Resolution of the Redevelopment Agency Finding and Determining the Necessity that Certain Property be Acquired by the Agency Under Eminent Domain Proceedings; Directing the City Attorney/General Counsel to Commence a Court Action for Said Purpose (Manorcare, APN 275-460-61)." Motion carried unanimously. ITEM 2 (203-02) TENTATIVE PARCEL MAP 99-05 APPLICANT: KAZEM ZOMORRODIAN OWNER: BILL NETOLICKY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide 1.92 acres into four lots at 14620 Pomerado Road. The following people were present wishing to speak: Craig Cousins, 12308 Icarus Lane, expressed concerns with the need to protect the wildlife in the area. Wayne Neff, 12327 Icarus Lane, spoke in support of the proposed project. Kazem Zomorrodian, 5055 Avenida Encinas, Suite 230, Cadsbad, representing Lantec Engineering, the project engineer, spoke in support and responded to questions of the public and Council. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-00-07, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Parcel Map 99-05, Assessor's Parcel Number 314-820-28." Motion carried unanimously. ITEM 3 (203-04) VARIANCE 99-22 MINOR DEVELOPMENT REVIEW 99-123 APPLICANT: MCCULLOUGH-AMES Mayor Cafagna disqualified himself from participation on this item as the property is within 1500 feet of his residence. Mayor Cafagna left the Council Chambers. 6825 Page 5 - CITY OF POWAY - January 11, 2000 Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a one-story single-family home of 5,570 square feet with garages and a tennis court on a 1.42 acre site (Lot 12) of Saddlebrook Estates. A variance is also requested to allow a 16 foot front yard building setback for the garages when 40 feet are required at 15195 Saddlebrook Lane, south of Del Poniente Road. There was no one present wishing to speak. Council discussion ensued with Councilmembers Emery, Rexford and Deputy Mayor Higginson opposed to the vadance request on a vacant lot for which the house should be designed to fit. Motion by Councilmember Emery, seconded by Councilmember Rexford, to deny the Variance request and approve the Minor Development Review by adoption of Planning Resolution No. P-00-08, entitled, "A Resolution of the City Council of the City of Poway, California Denying Variance 99-22 and Approving Minor Development Review 99-123 Assessor's Parcel Number 314-031-06," as amended. Motion carried 3-1 with Councilmember Goldby voting "no" and Mayor Cafagna disqualified. Mayor Cafagna returned to the Council Chambers. ITEM 4 (1160-04) TRAFFIC SAFETY REPORT MIDLAND ROAD Staff report by City Manager Bowersox. During public oral communication at the October 26, 1999 City Council meeting, a number of residents expressed concern about traffic safety on Midland Road. The Traffic Safety Committee reviewed a staff report detailing conditions on Midland Road and has determined that no unusual conditions exist. They recommend the Council receive and file the report. There was no one present wishing to speak. No objection as filed. MAYOR AND CITY COUNCIL-INITIATED ITEMS 11. Councilmember Emery requested that Council Commendations be placed on the Agenda so they are documented in the official record. 6826 Page 6 - CITY OF POWAY - January 11, 2000 13. Deputy Mayor Higginson inquired as to when AB 329 would be presented for discussion. ADJOURNMENT Mayor Cafagna adjourned the meeting at 8:07 p.m. on motion by Councilmember Goldby, seconded by Councilmember Emery. ~--or~-A~ne 15eoples, City ~erk - Cit{j of Poway 6827