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Item 10 - Approval of Minutes AGENDA REPORT SUMMARY INITIATED BY: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ John D. Fitch, Assistant City ManagerLffl]- Marjorie K. Wahlsten, City Clerk ~ June 13, 1995 TO: j<"ROM: DATE: SUBJECf: Approval of Minutes ABSTRACf The Minutes of the May 16, 1995 regular meeting and May 18, 1995 adjourned regular meeting have been prepared and are attached for your approval. ENVIRONMENTAL REVIEW Environmental review is not required according to CEQA guidelines. FISCAL IMPACf None ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the Council approve the minutes of the Poway City Council meetings of May 16 and 18, 1995. .. ACfION .:\e ty\ _g $1.t\c,tyc,r",\agenCla\m1nuteS.SUIII JUN 1 3 1995 ITEM 10 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 16, 1995 The May 16, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:05 p.m., by Mayor Higginson at the Community Center, 13094 Bowron Road, Poway, California. COUNCIlMEMBERS PRESENT AT ROll CAll Mickey Cafagna, Susan Callery, Bob Emery; Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Warren Shafer Pamela Colby Kris Gridley City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Redevelopment Services Redevelopment Project Administrator Redevelopment Coordinator PLEDGE OF AllEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: larry Cruse, 13734 Utopia, stated City documents like the Environmental Impact Report for the amphi theater, shoul d be ava i1 abl e in computer readable format. He also stated the City should have a policy regarding the timing of release of documents since the newspaper had a story about the EIn.; i-re the City Council had their copy. RObert~~n, 4218 47th Street, San Diego spoke about the cost of the Mission~y Trolley line and the low ridership of the mass transit as a waste of funds. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: 5503 JUN 1 3 1995 ITEM 10 Page 2 - CITY OF POWAY - Hay 16, 1995 5. Approval of Amended Minutes - City Council Harch 28, 1995, Regular Meeting 6. Ratification of Warrant Register for period of April 24-28, 1995(401-10) 7. Denial of claim for damages: Marianne Siegel (704-13) 8. Adoption of Resolution No. P-95-26, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-19", Jack Cook and City of Poway appl icants: a request to conduct a community band festival on Saturday, May 20, 1995, and Sunday May 21, 1995, at Old Poway Park. (203-07) 9. Acceptance of public improvements and release of securities, Latter Day Saints Poway Chapel, developer; located at 14211 Twin Peaks Road. (602-01 #841) Motion carried unanimously. ITEM 4 (203-25) AFFORDABLE HOUSING OVERLAYS 92-03 AND 94-04 AMENDMENTS Mayor Higginson opened the publ ic hearing. Item introduced by City Manager Bowersox. There is a requirement in the judgement entered by the Superior Court in Smith v All Persons that the City/Redevelopment Agency modify its planned affordable housing projects to achieve an approximate 60% family, 40% senior unit mix in the five identified projects of Haley, Breihan, Gateway, Brookview and Bowron. Haley and Breihan are already designated as family sites. The Gateway site is owned by retirement Housing Foundation who has indicated they will only build senior housing on this site. That leaves Brookview and Bowron for potential redesignation from senior to family. Director of Planning Services Wright-Quastler reviewed the process that has been followed to get to this point. General Plans were first required in 1969. In 1990 a requirement was added for the State's Department of Housing and Community development to review the housing element. Non-compliance can result in the court taking.uilding permit issuance in a jurisdiction. The City Council elected to me'.affordable housing requirement by allowing additional density through an af le housing overlay. The Redevelopment Advisory Committee was given the tas ldentifying sites and adopting criteria. They held five months of public hearings and recommended 13 sites to the City Council. Brookviewand Bowron were both recommended and approved for senior housing. Director of Redevelopment Services Shafer stated the Redevelopment and Housing Advisory Committee received 2-1/2 hours of testimony on March 27, 1995 on this subject and brings a recommendation to the City Council/Redevelopment Agency to designate Bowron Road site for family housing and the Brookview site for senior 5504 JUN 1 3 1995 ITEM 10 Page 3 - CITY OF POWAY - May 16, 1995 hous i ng wi th the poss i bi 1 ity of i ntergenerat i ona 1 hous i ng on Brookvi ew if additional family units are needed. City Manager Bowersox stated David Rosen, the City's consultant, is here and available for questions. All the speakers present were in opposition to staff recommendation. Speakers on the Brookview site wanted either no development or senior housing, those speaking on the Bowron Road site want senior housing. Janet Shiba, P.O. Box 753, President of the Poway Valley Senior Citizens, presented a 10 minute video tape of interviews with members of the Senior Center citing their need for senior housing on the Bowron Road site. John Stephens, 530 B Street, San Diego, attorney representing the Poway Estates homeowners, adjacent to the Brookview site, stated designating Brookview site for low income housing was a mistake. Other speakers included: Terria Cecil, 12189 Sage View Bill Rickles, 13725 Utopia Road, representing Southwest Poway HOA John Knotwell, 13280 Creek Park Lane Larry Cruse, 13734 Utopia Road John Malis, 12189 Sage View Road Zoe Sarvis, 13259 Creek Park Lane Richard Orvik, 12943 Creek Park Drive Katie Haddock, 12348 Sage View Road Sue Fox, 12396 Sage View Road Teri Joybaki, 12140 Sage View Drive Lois Fong-Sakai, 12133 Sage View Road Walter Metcalf, 13115 Valewood Road Barbara Orvik, 12943 Creek Park Drive Bob Fox, 12396 Sageview Road Elaine Jeter, 17834 Villamoura Sandy Victor, 13187 Valewood Road RECESS AND CALL TO ORDER Mayor Higgin~ssed the meeting at 8:40 p.m. 9:05 p.m. wi~Councilmembers present. The speakers continued: and called it back to order at Brook Niestedt, 12390 Mesa Crest J. David Wright, 12277 Sage View Road Ted Bauer, 13013 Oak Knoll Road Pat Palmer, 12829 El Rey Vista Phyllis Mehlman, 12911 Creek Park Drive 5505 JUN 1 3 1995 ITEM 10 Page 4 - CITY OF POWAY - May 16, 1995 Jay Mehlman, 12911 Creek Park Orive Myron Klippert 13042 Creek Park Drive Richard Haddock, 12348 Sage View Road Lonnie Sarvis, 13259 Creek Park Lane Lois Downs, 14915 Whitebutte Max Llanos, 12316 Sage View Road Teresa Cope, 12305 Mesa Crest Road Kay Rickles, 13725 Utopia Rod Susan Sheldon, 13411 Starridge Street Sally Bordon, 13131 Tobiasson Road Ronald Moore, 13210 Frame Court Mark Lawless, 12379 Sage View Road Bill Haselton, 12399 Sage View Rod Phillip Cass, 12220 Sage View Road Danielle Nespeca, 12975 Creek Park Drive Peggy Shea, 12423 Paseo Colina Tom Ramos, 13163 Valewood Road Susan Prines, 13139 Valewood Road Speakers stated that the Bowron Road site had always been intended for senior housing and because of its proximity to the Senior Center should remain that way; that the Brookview site will be difficult to develop because it is in the floodway and it should remain a natural site; that the AH sites are not distributed equitably; that the Brookview site is not suitable for families because of the danger of children being so close to Pomerado Road; and that Bowron Road site would be appropriate for families because of its proximity to the Community Park and its facilities. Motion by Councilmember Callery, seconded by Mayor Higginson to close the public hearing. Motion carried unanimously. RECESS AND CAll TO ORDER Mayor Higginson recessed the meeting at 10:05 p.m. and called the meeting back to order at 10:12 p.m. with all Councilmembers present. Counc il member Cafagna stated that the State has mandated that we wi 11 have affordable housing and decisions were made that Brookview and Bowron and Gateway would be for.' rs. However we were sued and the settlement of that lawsuit mandates tha ~ of these sites will be developed. He suggested 'Bowron be developed atximately 100 family units with 30 I-bedroom units that would accommodate s s; that 90 family units be built on Brookview site; and that a few more family units be added to the Breihan site. He asked Mr. Rosen about senior units in a family project. Mr. Rosen stated that the site can be designated family and there is no restriction on renting to seniors. However if it is designated senior and built to those standards, only persons 62 years or older can live there and it must keep that designation for the life of the project. He suggested the City look 5506 JUN 1 3 1995 ITEM 10 Page 5 - CITY OF POWAY - May 16, 1995 for other sites close to the Senior Center that could be designated as senior since the 60-40 split has to be specifically on the five sites named in the judgment. Councilmembers acknowledged that no one wants affordable housing however we are required to provide it and we will be required to provide much more than these five sites as time goes on. Motion by Mayor Higginson, seconded by Councilmember Cafagna to receive and file the Redevelopment and Housing Committee's report; adopt Resolution No. 95-031, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Affordable Housing Overlay on Property Located at the Northeast Corner of Bowron Road and Civic Center Drive, County Tax Assessor Parcel Number 317-473-18 and Rescinds Resolution 92-160 (AHO 92-03)," designating as very low income family at a density up to 25 dwelling units per acre with some one-bedroom units that could accommodate seniors; adopt Resolution No. 95-032, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Affordable Housing Overlay on Property Located on the West side of Pomerado Road North of Poway Road, County Tax Assessor Parcels 317-521-02, 03 and 04 (AHO 92- 04)," designating as senior and leaving as natural as possible; with direction to staff to look at adding additional units to Breihan and looking for additional senior sites. Motion carried unanimously. - MAYOR AND CITY COUNCIL-INITIATED ITEMS Because of the lateness of the hour, motion by Mayor Higginson, seconded by Counci 1 member Ca 11 ery to cont i nue the rest of the agenda to the adjourned regul ar meeting scheduled for Thursday, May 18, 1995 at 5:00 p.m. in the City Council Chambers. Motion carried unanimously. ADJOURNMENT Mayor Higginson adjourned the meeting at 11:05 p.m. to Thursday, May 18, 1995 at 5:00 p.m. in the City Council Chambers. $c___ a; MarJorie K. Wahlsten, City Clerk City of Poway 5507 JUN 1 3 1995 ITEM 1 0 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING MAY 18, 1995 The May 18, 1995, meeting, adjourned from the May 16, 1995 regular meeting of the City Council of the City of Poway, was called to order at 5:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, Cal ifornia. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Betty Rexford, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Mickey Cafagna (Councilmember Cafagna arrived at 5:18 p.m.) Susan Callery (Councilmember Callery arrived at 5:32 pm.) STAFF MEMBERS PRESENT John Fitch Marjorie Wahlsten Carol Banks Bob Thomas Patrick Foley Steve Streeter Assistant City Manager City Cl erk Assistant City Attorney Director of Community Services Principal Management Assistant Principal Planner PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. There was no one present wishing to speak. ITEM 3 (1208-01) PACIFIC BELL PRESENTATION RE FIBER OPTIC NETWORK UPGRADE Sharon Terrell, Director of Public Affairs for Pacific Bell, introduced their staff members who were present and showed a video, "The Neighborhood" illustrating what technology changes are projected for the future using a fiber optic network. It can provide a video dial tone that is interactive. Pacific Bell is a co...carrier that is required to serve every home and they are anticipating ~rmission to supply VDT. The City of San Diego was the first city in the . to sign an agreement for the i nsta 11 at i on of fi ber opt i c facilities in e right-of-way and Pacific Bell is working with the cities of Poway, Del Mar, and Solana Beach in San Diego County to be pilot projects. Director of Community Services Thomas stated the advantage to Pacific Bell providing a VDT network is universal access, however the City would lose cable tv franchise fee revenue. Staff is recommending the City contract with William Martincorena of Rutan & Tucker to assist in the development and negotiation of a contract with Pacific Bell for the installation of fiber optic facilities in 5508 JUN 1 3 1995 ITEM 10 Page 2 - CITY OF POWAY - May 18, 1995 Poway's public right-of-way. (Councilmember Cafagna left the room.) Following discussion, motion by Mayor Higginson, seconded by Councilmember Emery to approve staff's recommendation. Mot ion carri ed 4-0 with Counci 1 member Cafagna out of the room. ITEM 4 (1503-28) SAN DIEGUITO RIVER PARK PRIVATE PROPERTY RIGHTS PROTECTION Councilmember Callery stated that Supervisors Jacob and Horn have proposed to delete the San Dieguito River Park's Focused Planning Area east of I-IS because of the concern of one property owner. The Joi nt Powers Authori ty Board is proposing a private property rights protection policy which gives up the power of hostile condemnation. One change is being made to the version recommended by the JPA Ad Hoc Committee on May 8, 1995 and that will prohibit acquisition of property approval by City Manager or administrator. It must be done by the governing body. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Private Property Rights Protection Policy, as amended. Motion carried unanimously. ITEM 5 (701-11) MOBILE HOME RENT CONTROL BALLOT INITIATIVE Councilmember Emery stated he is opposed to the ballot initiative on mobile home rent control restrictions because it removed local control by invalidating existing and prohibits new state mobile home rent control laws and limits existing and prohibits new local laws. This initiative will be on the March 26, 1996 statewide ballot. Councilmember Cafagna stated he does not believe in rent control but agrees with Councilmember Emery regarding local control. Motion by Councilmember Emery, seconded by Councilmember Callery to oppose the Mobile home R..jpntrol Restrictions Act. Motion carried 4-1 with Councilmember Cafagna voti.... ADJOURNMENT .. Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned at 6:30 p.m. Marjorie K. Wahlsten, City Clerk City of Poway 5509 JUN 1 3 1995 ITEM 10