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CC 2000 05-02 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 2, 2000 The May 2, 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 COUNCILMEMBERS ABSENT AT ROLL CALL Betty Rexford, Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Sharer Niall Fritz Jim Howell Dennis Quillen Deborah Johnson Mark Sanchez John Tenwolde Patti Brindle Pamela Wilczak Kris Gridley City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Development Services Director of Public Services Assistant Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain City Planner Housing Program Manager Redevelopment Project Administrator PLEDGE OF ALLEGIANCE Councilmember Goldby led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Deputy Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR City Manager Bowersox stated that an agreement had been reached with the County of San Diego on Item No. 17.3, which could therefore be removed from the Consent 6918 Page 2 - CITY OF POWAY - May 2, 2000 Calendar. Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the remainder of the Consent Calendar as follows: 13. Ratification of Warrant Register for the period of April 10-14, 2000. (401-10) 14. City's Investment Report as of March 31,2000. (408-01 ) 15. Adoption of Resolution No.00-029 - Approving the Amended and Restated Public Agency Retirement System (PARS) Trust Agreement. (602-01 #907) 16. Award of Bid for the Community Pool Chemical Conversion (#1615)to South Coast Pool Plastering in the amount of $44,000. (602-01 # 1399) 17. Acceptance of Landscape Maintenance District Improvements: Old Coach Collection, Greystone-Lennar, Applicant. (705-14) 17.1 Approval of $1,200 Grant for Sponsorship of a Poway Teacher for the "Picture Yourself in Local Government Teachers Institute". (1180-05) 17.2 Adoption of Resolution No.00-030 Commending Eagle Scout Jacob Roger Ruehl- Pion. (701-17) 17.3 Approval of Appropriation of $145,000 for the Breokview Affordable Senior Development and Authorize an Increase of the Agency's Permanent Loan to an Amount up to $2,050,000. (Removed from Consent Calendar) (602-01 #279R) Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 1 (602-01 #296R) DISPOSITION AND DEVELOPMENT AGREEMENT LOS ARCOS LIMITED PARTNERSHIP RETIREMENT HOUSING FOUNDATION Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a joint public hearing to consider a Disposition and Development Agreement By and Between the Poway Redevelopment Agency, Los Arcos Limited Partnership, and Retirement Housing Foundation for the construction and operation of an 84-unit apartment complex affordable to senior citizens with Iow and moderate income households. The subject property is approximately 3.36 acres located on the north side of Gateway Park Road, east of Pomerado Road. 6919 Page 3 - CITY OF POWAY - May 2, 2000 There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public hearing and adopt Resolution No. 00-031, entitled, "A Resolution of the City Council of the City of Poway, California Making Certain Requisite Findings Regarding the Proposed Disposition and Development Agreement By and Between The Poway Redevelopment Agency, Los Arcos Limited Partnership, and Retirement Housing Foundation," and Resolution No. R-00-12, entitled, "A Resolution of the Poway Redevelopment Agency Making Certain Requisite Findings Regarding the Proposed Disposition and Development Agreement By and Between the Poway Redevelopment Agency, Los Arcos Limited Partnership, and Retirement Housing Foundation." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 2 (203-08) CONDITIONAL USE PERMIT 00-01 APPLICANT: DEAN DARLEY Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to establish an indoor batting cage operation within an existing 12,432 square foot industrial building located at 12576 Kirkham Court. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldby, to close the public hearing, approve the Negative Declaration and adopt Planning Resolution No. P-00-38, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Conditional Use Permit 00-01 Assessor's Parcel Number 317-223-05." Motion carded 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 3 (1002-01 R) ACQUISITION OF PROPERTIES BRIGHTON AVENUE Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On February 8, 2000, the City Council authorized staff to initiate negotiations to acquire eight properties located on Brighton Avenue. The City is currently in escrow to purchase one of the properties and an appropriation is now needed for the purchase of the seven remaining parcels. Staff is requesting an appropriation of $2,508,100 for the purchase price, estimated relocation benefits, and other associated costs. In addition, it is requested that the Council adopt resolutions finding the expenditure to be of benefit to the Redevelopment Project Area. 6920 Page 4 - CITY OF POWAY - May 2, 2000 There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public headng and adopt Resolution No. 00-032, entitled, "A Resolution of the City Council of the City of Poway, California Finding that the Expenditure of Funds for Acquisition of an Affordable Housing Site Located Outside the Project Area Benefits the Redevelopment Project," and Resolution No. R-00-32, entitled, "A Resolution of the Poway Redevelopment Agency Appropriating Funds and Finding that the Expenditure of Funds for Acquisition of an Affordable Housing Site Located Outside the Project Area Benefits the Redevelopment Project." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 4 (203-08) CONDITIONAL USE PERMIT 00-05 APPLICANT: WEI INC. Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to add a wireless communication facility on a private water tank site located at 15101 Mina de Oro Road. There was no one present wishing to speak. Motion by Councilmember G°ldby, seconded by Deputy Mayor Higginson, to close the public hearing and adopt Planning Resolution No. P-00-33, entitled, "A Resolution of the City Council of the City of Poway, California Approving CUP 00-05 Assessor's Parcel Number 321-110-24." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 5 (209-00R) TARGETED REHABILITATION APPLICATION COMMERCIAL REHABILITATION PROGRAM 13132-13192 POWAY ROAD APPLICANT: TIMOTHY P. MEISSNER Staff report by City Manager Bowersox. This is a request for consideration of a Targeted Rehabilitation Application for the Commercial Rehabilitation Loan Program for the Poway Library Plaza located at 13132-13192 Poway Road. The applicant has requested a continuance to the meeting of May 9, 2000. Motion by Councilmember Goldby, seconded by Councilmember Emery, to continue the item to May 9, 2000. Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. 6921 Page 5 - CITY OF POWAY - May 2, 2000 ITEM O (705-00/705-10) LANDSCAPE MAINTENANCE DISTRICT POLICY Deputy Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On July 28, 1998, The City Council approved new and amended policy for the Landscape Maintenance Districts to bring the LMDs into compliance with Proposition 218. Upon receiving additional comments from the public and by completing a periodic audit of the Districts, staff is recommending further clarification to the policy. The recommended change is the removal of neighborhood mini parks from the responsibility of the Landscape Maintenance Districts. Assessment Law mandates that the City assess for special benefit only and the City shall separate general benefit from special benefit. An audit of the general benefit landscaping shows that other neighborhood mini parks, not within a LMD are funded entirely by General Funds. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Goldby, to adopt Resolution No. 00-034, entitled, "A Resolution of the City Council of the City of Poway, California Approving New and Amended Policy for the Landscape Maintenance Districts and Rescinding Resolution No. 98-080," and Resolution No. 00-035, entitled, "A Resolution of the City Council of the City of Poway, California Approving New Policy for the City Lighting District." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. ITEM 7 (705-07) NOTICE OF INTENTION/ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 83-1 ITEM 8 (705-07) NOTICE OF INTENTION/ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-1 ITEM 9 (705-07) NOTICE OF INTENTION/ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-2 ITEM 10 (705-07) NOTICE OF INTENTION/ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 86-3 6922 Page 6 - CITY OF POWAY - May 2, 2000 ITEM 11 (705-07) NOTICE OF INTENTION/ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT 87-1 ITEM 12 (705-07) NOTICE OF INTENTION/ENGINEER'S REPORT POWAY LIGHTING DISTRICT Staff report by City Manager Bowersox. Staff has submitted the preliminary Engineer's Report outlining the assessments for Fiscal Year 2000 for approval. They have also prepared Resolutions of Intention setting public hearings for the landscape maintenance districts and lighting district to levy and collect assessments for fiscal year 2000/2001. The resolutions set the public hearing dates for June 27, 2000. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Emery to take the following actions: Adopt Resolution No. 00-036, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance Distdct 83-1 for Fiscal Year 2000/2001 ." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. Adopt Resolution No. 00-037, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-1 for Fiscal Year 2000/2001." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. Adopt Resolution No. 00-038, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-2 for Fiscal Year 2000/2001." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. Adopt Resolution No. 00-039, entitled, "A Resolution of the City Council of the City of Poway, Califomia Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 86-3 for Fiscal Year 2000/2001 ." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. 6923 Page 7 - CITY OF POWAY - May 2, 2000 Adopt Resolution No. 00-040, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within Poway Landscape Maintenance District 87-1 for Fiscal Year 2000/2001 ." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. Adopt Resolution No. 00-041, entitled, "A Resolution of the City Council of the City of Poway, California Declaring the Intention to Levy and Collect Assessments within the Poway Lighting District for Fiscal Year 2000/2001." Motion carried 3-0 with Councilmember Rexford and Mayor Cafagna absent. CITY MANAGER ITEMS City Manager Bowersox announced that last Thursday, Lake Poway Concessionaire, Felipe Castro passed away. A memorial service will be held at Lake Poway this Thursday, May 4, at 1:00 p.m. CITY ATTORNEY ITEMS City Attorney Eckis stated he had received a notice that THG Enterprises has appealed their case against the City. ADJOURNMENT Deputy Mayor Higginson adjourned the meeting at 7:17 p.m. on motion by Councilmember Emery, seconded by Councilmember Goldby, in memory of Felipe Castro. Lori Anne Peoples, City Clelr~, City of Poway 6924