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CC 2000 03-14 CITY OF POWAY, CALIFORNIA MINUTES OF THE CiTY COUNCIL REGULAR MEETING MARCH 14, 2000 The Mamh 14, 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. COUNClLMEMBERS 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 Leonard Zuniga Javid Siminou Patti Brindle Ron Mittag Garry MacPherson Jim Nessel Sam Arabzadeh 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 Sheriffs Lieutenant City Engineer City Planner Economic Development Manager Fire Division Chief Senior Planner Assistant Engineer II Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troops #604 and #607 presented the Colors and led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following person was present wishing to speak: Ed Carboneau, 14073 Pomegranate, expressed his opinion on the management of the Redevelopment Agency. 6872 Page 2 - CITY OF POWAY - March 14, 2000 CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the consent calendar as follows: 6. Ratification of Warrant Register for the period of February 14-18, 2000.(401-10) Approval of Minutes - City Council February 15, 2000 - Regular Meeting February 22, 2000 - Regular Meeting Approval of Comprehensive Annual Financial Report for Fiscal Year 1998-99. (406-02) 10. Acceptance of Trident Center Landscape Improvements (LMD 87-1), Trident Homes of Nevada, Inc., Applicant (TPM 97-08). (203-02) 11. Approval of a Consultant Agreement Between the City of Poway and Construction Quality Assurance Group (CQAG) for Specialized Building Construction Inspection Throughout the City of Poway. (601-01 #1390) 12. Adoption of Resolution Nos. 00-013 and 00-014 (2 City) Authorizing Congestion Mitigation Air Quality Grant Project CMLG5428(007), Approving Program Supplement M004 and Appropriating Funds in the amount of $354,000 for Extension of a Fiber Optic Traffic Signal Communication Line. (401-30) 13. Approval of Report of Administrative Actions Taken on City Council-Initiated and Public Inquiry Items for the period of November 9, 1999 through February 14, 2000. (701-10) 14. Award of Bid for the Poway Center for the Performing Arts Bollard Light and Tree Up-Lighting Replacement (#1603) to Harbor Bay, Inc. in the amount of $44,016.00. (Bids to be opened on 3/7/00) (602-01 #1392) 14.1 Approval of Positions on Pending Legislation: Oppose AB 1784: Internet Tax Freedom Act, Continuation and Support AB 1806 Local Fiscal Relief: Property Tax Revenue Allocation. (701-11 ) Motion carried unanimously. 6873 Page 3 - CITY OF POWAY - March 14, 2000 ITEM 1 (203-08) ENVIRONMENTAL ASSESSMENT/ CONDITIONAL USE PERMIT 99-11 DEVELOPMENT REVIEW 99-13 APPLICANT: TOPPAN ELECTRONICS Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. This is a request to construct a 460,000 square foot headquarters and manufacturing facility on a 25.3 acre campus in three phases, at the southwest corner of Scripps Poway Parkway and Stowe Drive. There was no one present wishing to speak. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-00-18, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 99-11 and Development Review 99-13, Assessor's Pamel Number 323-090-74." Motion carried unanimously. ITEM 2 (203-02) ENVIRONMENTAL ASSESSMENT TENTATIVE PARCEL MAP 99-04 WHISPERING OAKS SUBDIVISION APPLICANT: MCCULLOUGH/AMES DEVELOPMENT, INC. Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide a 40.14 acre parcel at the northern terminus of Glen Arven Lane and the eastern terminus of Old Winery Road into 4 rural residential lots with a minimum lot size of 4 net acres, and a 10.40 acre dedicated public biological open space lot. Based on public input, additional conditions of approval are recommended as follows: 1 ) Glen Arven shall be reconstructed by the applicant as an emergency access driveway. The existing paving shall be narrowed and landscaping added. The landscaping shall be maintained by the homeowners within the project. 2) In addition to the proposed onsite biological resource mitigation, the applicant shall acquire offsite a minimum of 10.7 acres of costal sage scrub habitat in the vicinity of the project site and preferably adjacent to the San Dieguito River Park open space lands. The following people were present wishing to speak: Michael Hogan, 225 Broadway, San Diego, Attorney for the Mr. and Mrs. Swinton and Mr. and Mrs. Ries, spoke in opposition. 6874 Page 4 - CITY OF POWAY - March 14, 2000 David Brunson, 17867 Joyas Ct., spoke in support. Terry Kilpatrick, 1720 Bancroft St., San Diego, Attorney for Mr. and Mrs. Patton, spoke in opposition. Brett Ames, 11828 Rancho Bernardo Rd., applicant, spoke in support and responded to questions of the Council. Motion by Coun¢ilmember Goldby, seconded by Deputy Mayor Higginson, to close the public hearing and adopt Planning Resolution No. P-00-19, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Environmental Assessment and Tentative Parcel Map No. TPM 99-04, Assessor's Parcel Number 273-100-04." Motion carried unanimously. Council also directed staff to evaluate the City's slope calculation formula in light of recent technological advances and bring back a report. ITEM 3 (203-08) CONDITIONAL USE PERMIT 99-17 DEVELOPMENT REVIEW 99-158 ADULT DAY CARE OPERATION APPLICANTS: CONNIE HANOLD & MELODY PUTNAM Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to establish an adult day care operation utilizing an existing 2,384 square foot house on a .5 acre lot located at 12705 Monte Vista Rd. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-00-20, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 99-17 and Minor Development Review 99-158, Assessor's Parcel Number 275-460-54." Motion carried unanimously. Mayor Cafagna requested Item 21B, be heard at this time. 6875 Page 5 - CITY OF POWAY - March 14, 2000 ITEM 21B (1501-00) MARCH RELOCATE MIRAMAR BASED HELICOPTERS Jerry Hargarten, 13622 Orchard Gate, President of the MARCH Coalition Fund, Inc., provided a brief verbal overview of the actions to date between MARCH and MCAS Miramar and efforts to change the flight reute. He then requested reaffirmation of Council support of MARCH's efforts to relocate Miramar based helicopters from populated areas. The following people were present wishing to speak: Lori Rivera, 12715 Gate Drive BuT7 Rehman, 14216 Palisades Drive Alan Dusi, 13944 Northcrest Lane Jean Konicki, 15325 Skyridge Road Dorothea Hover-Kramer, 15373 Skyridge Road Tim Wilhelm, 15487 Vali Hal Road Theresa Price, 13612 Sagewood Drive Anh Nguyen, 14721 Fairtree Terrace Gary Pennock, 15261 Vali Hai Road George Dauphine, 13640 Ovedand Pass Road Warren Coon, 16521 Corte Paulina Sue Herndon, 16616 Espola Road Leigh & Debbie Belden, 14365 Cheri Lane Florence Laurenson, 12923 Glen Circle Road DeAnne Erickson, 15051 Vali Hai Road All speakers spoke in support of MARCH's efforts and requested continued Council support of MARCH. Motion by Councilmember Goldby, seconded by Councilmember Emery, to reaffirm their support of MARCH's actions. Motion carried unanimously. Mayor Cafagna called for a brief recess at 9:13 p.m. Council reconvened at 9:20 p.m. with all Councilmembers present. ITEM 4 (203-11) GENERAL PLAN AMENDMENT 00-01 SPECIFIC PLAN AMENDMENT 00-01 RETIREMENT HOUSING FOUNDATION 6876 Page 6 - CITY OF POWAY - March 14, 2000 Staff report by City Manager Bowersox. The Retirement Housing Foundation is proposing to construct and operate a new senior assisted living facility and an affordable senior housing complex situated immediately west of the existing retirement facility (The Gateway). The series of applications required to approve this project will include two development review applications, two conditional use permits, a General Plan amendment/zone change, a specific plan, a boundary adjustment, a variance and a minor conditional use permit. These applications will be processed concurrently. There was no one present wishing to speak. Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to adopt Resolution No. 00-015, entitled, "A Resolution of the City Council of the City of Poway, California Initiating General Plan Amendment 00-01 and Specific Plan 00-01." Motion carried unanimously. ITEM 5 (1180-05) CHAMBER OF COMMERCE POWAY VISITOR SERVICES PROGRAM Staff report by City Manager Bowersox. In February 1994, the City Council approved an increase in the Transient Occupancy Tax (TOT) from 6-8 percent. At the request of the Poway Chamber of Commerce, the proceeds derived from the TOT increase were appropriated for use by the Chamber of Commerce for a Visitor Services Program. Since 1994, the Poway Chamber of Commerce has used this funding for such programs as visitor information, relocation packets, special promotions, and referrals. Funds appropriated are equivalent to 25 percent of the TOT receipts and have ranged from $14,150 in Fiscal Year 1994-1995 to $18,385 in Fiscal Year 1999-2000. At this time the Chamber of Commerce is in the process of reorganizing and redefining its programs of which Visitor Services will be an essential program of benefit to the City. Due to unforeseen circumstances, several regular revenue sources for the Chamber have not met expectations. With an advance contract process, the City would pay the Chamber in advance for Visitor Services and would receive quarterly accountings of the use of the funds. If such a program were instituted for three years, the City would advance a payment in the amount of $55,000. This would enable the Chamber to set long-term goals and ensure that the Visitor Services Program continues to be provided in the manner approved by the City Council. An annual reconciliation would also be required. The following person was present wishing to speak: Jim Piva, Chairman of the Poway Chamber of Commerce, spoke in support. 6877 Page 7 - CITY OF POWAY - March 14, 2000 General discussion ensued. Councilmember Rexford expressed concern with advancing such a large sum when the current budget had not been used. Councilmember Emery stated that a lump sum for the balance of this year would be okay but not beyond. Councilmember Goldby spoke in support of appropriation of the additional funding. Deputy Mayor Higginson stated that loans had been made throughout the years to other non-profit groups such as the Poway Valley Senior Citizens group, the Foundation for Performing Arts, ADAP, etc. City Attorney Eckis responded to questions and concerns of the Council and stated that the money could be earmarked for specific purpose and if it was not, the Council should apply restrictive conditions so that the money is not used for political purposes with regards to Municipal issues. Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to appropriate $36,650 for the Visitor Services Program for fiscal years 1999-2002 with the restrictive condition as stated by the City Attorney. Motion carried 3-2 with Councilmember Emery and Councilmember Rexford voting no. ITEM 5.2 (1204-01) SUNROAD ENTERPRISES MADERAS COUNTRY CLUB SYCAMORE CANYON WATER Staff report by City Manager Bowersox. On August 5, 1999, the Council approved the limited use of groundwater at the Maderas Country Club, owned by Sunroad Enterprises. Sunroad was to limit groundwater use to no more than 50 percent of their total water use, with the balance to be potable water purchased from the City. It was determined that the arrangement would remain in effect until March 15, 2000, before which, the City Council would have received and reviewed a hydrology study of the groundwater basin. The date selected for City Council review was March 14, 2000 which was set in anticipation of the study being completed for staff review by February 15, 2000. The study has not been completed, which will necessitate ceasing of groundwater use at the golf course on March 16, 2000 unless the Council approves a time extension. The following people were present wishing to speak: Steve DeBolt, 18353 Sycamore Creek Road, spoke in opposition to the extended use of groundwater. Tom Tremble, 18049 Old Coach Road, representing the Old Coach Homeowners 6879 Page 8 - CITY OF POWAY - March 14, 2000 Association, spoke in support of the extension. Rick Vann, 1455 Frazee Road, San Diego, representing Sunroad Enterprises and Maderas, spoke in support of the extension and responded to questions of the Council. City Attorney Eckis responded to questions of the Council regarding the easement rights for the raw water line. Motion by Councilmember Rexford, seconded by Mayor Cafagna, to extend the use of groundwater through May 31,2000. Motion carried unanimously. CITY ATTORNEY ITEMS 16A. City Attorney Eckis requested that the Closed Session, Conference with Labor Negotiators per Government Code Section {}54957.6, Agency Negotiator: James L. Bowersox, City Manager, Employee Organization Negotiator: Non Safety Employees Teamsters Local 911 be continued to the March 21, 2000 meeting. 16B. City Attorney Eckis stated that the Closed Session, Conference with Legal Counsel, Pending Litigation pursuant to Government Code §54956.9(a) Gary Rossio, Beverly Rossio, Peter Ellis, Sharon Ellis vs. City of Poway San Diego County Superior Court Case Number: GIC 740587 need not be held as the case was dismissed last Friday by the Court. MAYOR AND COUNCIL-INITIATED ITEMS 17A. Councilmember Emery requested and received concurrence from Council to continue his item on the discussion of use of compact parking spaces in South Poway Specific Plan to the meeting of March 21,2000. 18. Councilmember Goldby requested staff bring back a report on the issues discussed in a recent letter from Supervisor Jacob related to area codes. 20. Councilmember Rexford requested staff investigate regulation and if none, institute the proper policy for helicopters in the industrial park; staff to provide information on how the Performing Arts Center selects groups to display their work in the Center; reported that Poway would be getting a College within 7 years; reported that Mitsubishi had backed out of building the salt plant in San Ignacio; and stated she found the Planning Institute to be a very informative educational experience. 6880 Page 9 - CITY OF POWAY - March 14, 2000 21. MICKEY CAFAGNA A. Mayor Cafagna received concurrence from Council to confirm Kathleen Muela as Councilmember Rex'ford's appointment to the Redevelopment & Housing Advisory Committee. (701-09) ADJOURNMENT Mayor Cafagna adjourned the meeting at 10:45 p.m. upon motion by Councilmember Rexford, seconded by Councilmember Goldby. -'~o ~,~e ~eoples, (~'t~'-~l~'rk Cite of Poway 6881