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CC 2001 02-06CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 6, 2001 The February 6, 2001, 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 ROLLCALL Bob Emery, Jay Goldby, Don Higginson, Betty Rexford COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Warren Shafer Robert Clark Niall Fritz Jim Howell Deborah Johnson John Tenwolde Patti Brindle Javid Siminou Jim Lyon 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 Works Director of Redevelopment Services Sheriff's Captain City Planner City Engineer Associate Planner Management Analyst PLEDGE OF ALLEGIANCE Councilmember Emery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Deputy Mayor Goldby explained the procedure for Public Oral Communications. The following people were present wishing to speak: 7154 Page 2 - CITY OF POWAY - February 6, 2001 Howard Stacklin, 13149 Tobiasson Road, expressed his views on the energy situation. Rachel Skoglund, 11950 Eastbourne Road, San Diego made inquiry of the Council as to the definition of a warrant and negative declaration and requested that when the contract is let for vending machines, that teens be involved in the decision. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: Ratification of Warrant Register for the Periods of January 8-12, 2001. (401-10) Approval of Minutes - City Council January 9, 2001 - Regular Meeting January 11, 2001 - Adjourned Regular Meeting January 16, 2001 - Regular Meeting 10. Award of Bid for the Purchase of a Small Capacity Asphalt Paver (01-008) to Layton Manufacturing Company in the amount of $29,500. (601-04) 10.1 Adoption of Resolution No. 01-006 - Authorizing Access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056 and Rescinding Resolution No. 00-082. City Staff and Independent Contractor Agreements with Hindediter, de Lamas & Associates and limited term with Economic Development Systems (EDS). (Continued from January 30, 2001, Item 6.1) (602-01 #1 and #280R) Motion carried 4-0 with Mayor Cafagna absent. ITEM 2 (203-21) SOUTH POWAY SPECIFIC PLAN AMENDMENT 84-01WVV MINI-PARK REQUIREMENT Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox. This item was continued from the City Council meeting of January 23, 2001, to allow staff to address the comments of Council. 7155 Page 3 - CITY OF POWAY - February 6, 2001 Staff has met with the two project proponents of the proposed modification to the mini-parks that had been previously approved on their projects. In the discussions, it was agreed that the previously agreed-to mini-parks could be accommodated on each of the properties. Poway Views (TTM 00-01 ), Item 2 on tonight's agenda, will be providing a mini-park, approximately one half acre in size in the same area as had been approved on TTM 89-08 which has expired. TTM 97-01, located on the southeast corner of Tech Center Drive and Scripps Poway Parkway was approved on November 10, 1998, proposed the subdivision of two parcels totaling 31.5 acres into 14 lots. That tentative tract map was conditioned to provide a 0.7-acre mini park adjacent to Kirkham Way, but that approval expired on November 10, 2000. The applicant was proposing to modify the subdivision design and delete the mini-park site. However, that request has been withdrawn as the applicant now believes there will be a new owner of the property and the business would occupy the entire site. Staff is currently in the process of reviewing a preliminary site plan. Instead of a subdivision of the land, a lot merger will be processed. Upon formal Development Review application on this site, staff will be requiring the provision of a one half-acre mini park. In order to work the recreational features into the site design and to make the recreational area more easily accessible, two smaller parks may be provided. As a result of these discussions with the applicants. SPA 84-01WVV is no longer necessary and staff is recommending the amendment be withdrawn and the report be received and filed. The following people were present wishing to speak: Neville Bothwell, 3575 Kenyon Street, San Diego, representing Tech Business Center, requested Council confirmation that the recreation facilities are not required to be public if the property has a single, large tenant. The site would be maintained and dedicated to the project and monitored through the development review process. Judd Halenza, 7955 Dunbrook Road, San Diego, representing Judd Partners II, LLC spoke in support of staff recommendation. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing and accept the withdrawal of SPA 84-01VVVV. Motion carried 4-0 with Mayor Cafagna absent. 7156 Page 4 - CITY OF POWAY - February 6, 2001 Motion by Councilmember Higginson, seconded by Councilmember Rexford, to confirm that if a single, large tenant is placed on the property, outdoor recreational areas on site would be maintained and dedicated to their project and monitored under development review but are not required to be public. However, if the properties remain as multiple lots, a mini-park would be required to be incorporated into the project. Greenscape, trees, etc. are required in either scenario. Motion carried 3-1 with Councilmember Emery voting "no" and Mayor Cafagna absent. ITEM 3 (203-01) TENTATIVE TRACT MAP 00-01 POWAY VIEWS APPLICANT: JUDD PARTNERS II, LLC Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox. This item was continued from the meeting of January 23, 2001 to allow for consideration of revisions to the proposed Specific Plan Amendment 84-01WW regarding mini parks. This is a request to subdivide 48.1 acres into five lots for light industrial uses ranging in size from 2.6 to 5.4 gross acres plus a 25.7 acre lot for open space and a detention basin on the south side of Kirkham Way at its intersection with Stowe Drive. Conditions have been added to the revised recommended resolution that would require the applicant to construct a mini-park as envisioned by the Specific Plan. The following people were present wishing to speak: Howard Stacklin, 13149 Tobiasson Road, expressed his views on the energy situation. Judd Halenza, 7955 Dunbrook Road, San Diego, representing Judd Partners II, LLC spoke in support of staff recommendation. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the public hearing, issue a Negative Declaration and adopt Planning Resolution No. P-01-05, entitled, "A Resolution of the City Council of the City of Poway, California Approving Environmental Assessment and Tentative Tract Map TTM 00-01 Assessor's Parcel Number 325-010-09 & 12." Motion carried 4-0 with Mayor Cafagna absent. 7157 Page 5 - CITY OF POWAY - FebnJary 6, 2001 ITEM 3 (203-02) TENTATIVE PARCEL MAP 00-08 APPLICANT: TED TCHANG/TECH BUSINESS PARK, LLC Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide a 4.83-acre parcel into two parcels, one of 1.97 acres and one of 2.857 acres at the southeast corner of Kirkham Way and Tech Center Court. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-01-06, entitled, "A Resolution of the City Council of the City of Poway, California Approving Environmental Assessment and Tentative Parcel Map TPM 00-08 Assessor's Parcel Number 320-220-01." Motion carried 4-0 with Mayor Cafagna absent. ITEM 4 (203-11 ) PRE-GENERAL PLAN AMENDMENT 00-04 APPLICANT: SHERRY C. YEN Introduction by City Manager Bowersox. On April 4, 1989, Council adopted a Resolution providing for the review of pre-applications for General Plan Amendments. The purpose of this review is to allow the proponent of the pre- application and staff to ascertain the Council's level of interest in the request. No decision is made. This applicant is requesting consideration to redesignate the land use and zoning of a two-parcel 2.81-acre site located at the northeast corner of Old Pomerado Road and Stage Stop Ddve from Commercial General (CG) to Residential Single Family (RS-2). The following person was present wishing to speak: Sherry Yen, 13691 Paseo Cardiel, San Diego. Consensus of the Council was that it was too early to look at land use changes in this area. ITEM 5 (704-10) STATUS REPORT ILLEGAL ENCAMPMENTS 7158 Page 6 - CITY OF POWAY - February 6, 2001 Staff report by City Manager Bowersox. Staff provides Council with quarterly reports on the status of illegal encampment activities within the City. This report represents information from the fourth quarter; covering October through December 2000. Staff recommends the report be received and filed. No objection as filed. ITEM 6 (1160-01) TRAFFIC CONTROL ESTABLISHING STOP CONTROLS KINGMAN ROAD AT EASTVALE ROAD Staff report by City Manager Bowersox. At the Traffic Safety Committee Meeting of January 9, 2001, a staff report was reviewed that detailed traffic conditions at the intersection of Kingman Road and Eastvale Road. The City has received requests to consider installing one-way stop controls at the intersection. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt Resolution No. 01-07, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Stop Controls on Kingman Road at Eastvale Road." Motion carried 4-0 with Mayor Cafagna absent. CITY ATTORNEY 12. City Attorney Eckis informed Council of changes in the Political Reform Act; advised that he had joined the City in an Amicus Brief with the City of San Francisco on a Federal Court ruling that a jury could decide the effect of an Ordinance wherein the State Court ruled the decision belongs with the Legislative body. The Supreme Court will now hear this case. He then requested the following Closed Sessions: Conference with Legal Counsel - Anticipated Litigation Discussion on whether or not to initiate litigation Government Code §54956.9(c) One potential case 7159 Page 7 - CITY OF POWAY - February 6, 2001 Conference with Legal Counsel - Existing Litigation Government Code §54956.9(a) Poway Redevelopment Agency v Eugene Chandler etal San Diego Superior Court Case No. GIC 750629 Conference with Real Property Negotiator Government Code §54956.8 Property: 13406 -13410 Community Road, APN 317-101-24 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer Clem Abrams, Seller Under Negotiation: Price and Terms of Purchase Do Conference with Real Property Negotiator Government Code §54956.8 Property: 13420 Community Road, APN 317-101-25 Negotiating Parties: James L. Bowersox on behalf of the Poway Redevelopment Agency, Buyer E & E Transportation, Inc., Seller Under Negotiation: Price and Terms of Purchase MAYOR AND CITY COUNCIL - INITIATED ITEMS 14. Councilmember Goldby requested staff come up with a "preferred alternative" recommendation for Route125. 16. Councilmember Rexford requested staff enforce safety practices with overflow crowds in attendance at Council Meetings; expressed concerns with the new trash containers for citizens with steep driveways; requested a supply of yard waste stickers be placed at City Hall and other public locations for citizens to pick up rather than having to call and have them mailed. Councilmember Rexford then provided an update on the Route 67/125 Corridor Study. CLOSED SESSION Deputy Mayor Goldby called for Closed Session as requested by the City Attorney at 8:07 p.m. 7160 Page 8 - CITY OF POWAY - February 6, 2001 CALL TO ORDER AND ADJOURNMENT Deputy Mayor Goldby called the meeting back to order at 10:02 p.m. with all Councilmembers present except Mayor Cafagna. Upon motion by Councilmember Rexford, second by Councilmember Higginson, Deputy Mayor Goldby adjourned the meeting at 10:03 p.m. Lorl Anne ~eoples, City CIc~rk - City of Poway 7161