CC 2004 02-17
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
FEBRUARY 17, 2004
The February 17, 2004, 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 Poway Community
Library - Meeting Room, 13137 Poway Road, Poway, California.
COUNCILMEMBERS PRESENT
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
Penny Riley Assistant City Manager
Steve Eckis Special Counsel
Lori Anne Peoples City Clerk
Jim Howell Director of Public Works
Deborah Johnson Director of Redevelopment Services
Linda Barnett Sheriffs Captain
Javid Siminou City Engineer
Patti Brindle City Planner
Jennifer Johnson Sr. Management Analyst
Paolo Romero Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications.
The following people were present wishing to speak:
Carol Funk, 11319 Creek Road, requested assistance with McMillin Development who
in flushing their pipes with chemicals caused a whitewater effect to flow down Beeler
Creek and caused damage to properties in Poway.
Jack Tripp, 16054 Stoney Acres Road, spoke regarding sign destruction and
intimidation of volunteers of the "Poway Residents Against Prop E."
Zip Lucidi, 15015 Lucidi Farms Way, read into the record a "Declaration of
Restrictions on Real Property" he had recorded on the 20 acres that are subject of
Prop E.
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James T. Cavanaugh, 12937 Oak Knoll Road, read into the record a letter dated
February 13, 2004 by Mr. Lucidi addressing items Merrilee Boyack had written.
John Heinen, 14739 Dash Way, spoke in support of Prop E.
Jerry Hargarten, 13622 Orchard Gate, representing the "poway Residents Against
Prop E" provided rebuttal to comments by Mr. Lucidi.
Dee Fleischman, 14428 Midland Road, expressed concerns with the Midland Road
Corridor.
Anne O'Rourke, 14349 York Avenue, expressed her views in opposition to the
proposed PGSL ball fields.
Anne Pinto, 14241 York Avenue, expressed her views in opposition to the proposed
PGSL ball fields.
RW Stavros, 13639 Jackrabbit Road, expressed his views on the proposed softball
fields.
Chris Lucidi, 15015 Lucidi Farms Way, spoke regarding sign vandalism to his family's
Prop E signs.
Tony Villasenor, 4380 La Jolla Village Drive, Suite 200, San Diego, expressed his
opinion on the deed restrictions placed on Mr. Lucidi's property.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to approve
the Consent Calendar as follows:
7. Ratification of Warrant Registers for the period January 19-23, 2004.
(0475-20)
8. Approval of Minutes - City Council
January 27,2004 - Regular Meeting
10. Approval of Weed and Nuisance Abatement Contract Extension to April 26,
2005 with Weed Eliminators, Inc. (0700-10)
11. Approval of a Consultant Agreement between the City of poway and the Poway
Redevelopment Agency and Right-of-Way Engineering, Inc. for As-Needed
Surveying Services from February 18, 2004 through February 18, 2006.
(0700-10)
12. Approval of Temporary Water Connections for Two Old Coach Way Parcels,
Craig Faulkner, Managing Partner of Midori Financial, Applicant. APNs: 276-
140-11 and 276-140-12. (0210-50/0200-25)
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13. Report of Expenditures from February 3, 2004 to February 16, 2004, pertaining
to the Cedar Fire, made under authority of Resolution No. 03-084, adopted on
October 28, 2003. (0320-30)
14. Approval of $60,000 Contribution to the poway Unified School District for
Improvements for the New Midland Elementary School Softball Fields and
negotiate a Joint Use Agreement between the City and the School District.
(0700-10)
Motion carried unanimously.
ITEM 1 (0210-30)
CONDITIONAL USE PERMIT 03-10
VARIANCE 03-10
DEVELOPMENT REVIEW 03-11
APPLICANT: ISMAIL A. AQIL
Mayor Cafagna opened the public hearing. Introduction by Assistant City Manager
Riley. This is a request to allow the construction of an auto repair building and
legalization of an equipment rental facility (U-Haul) on an existing developed
commercial site at 13530 Pomerado Road. A Variance is also requested to allow the
new auto repair facility to observe a a-foot setback where a 25-foot setback is required
adjacent to a residential zone. APN: 317-021-25.
Staff report by Development Services Director Fritz. This item was continued from
January 27 2004, Item #3 to allow the applicant and staff, time to discuss the
development proposal with the property owner to the north. Concerns had been
expressed about the hours of operation of the auto repair and softening the
appearance of the back wall of the new auto repair building, which is proposed to be
on the property line. In order to address these concerns staff is recommending the
conditions of approval be amended to change the hours of the auto repair work to
between 7 a.m. and 9 p.m. and to require the applicant submit a signed and notarized
agreement to the satisfaction of the Director of Development Services, to allow any
vines planted on a decorative iron fence, placed on top of the existing low wall on the
north property line, to grow onto the rear wall of the auto repair building. The
agreement to also specify that maintenance responsibilities and types of vines to be
planted adjacent to the auto repair building wall.
There was no one present wishing to speak.
Motion by Mayor Cafagna, seconded by Council member Goldby, to close the public
hearing, approve the Negative Declaration and adopt Planning Resolution P-O4-13,
entitled, "A Resolution of the City Council of the City of Poway, California Approving
Conditional Use Permit 03-10, Variance 03-10 and Development Review 03-11
Assessor's parcel Number 317-021-25," as amended. Motion carried unanimously.
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ITEM 2 (0200-25)
APPROVAL OF ACCESS GATE
ORCHARD VIEW LANE
COUNTRY RIDGE ESTATES
APPLICANT: TIM CONNOLE
Assistant City Manager Riley provided a brief introduction. This request was originally
considered by the City Council on August 5, 2003. On January 20, 2004, the Council
voted 3-2 to rehear the request based on some additional information provided by the
applicant. The applicant is requesting Council approval of an access gate across
Orchard View Lane at the entrance to the 4-lot Country Ridge Estates residential
project. The applicant has stated the primary reasons for requesting approval of the
vehicle access gate is for property protection and to provide a distinctive entry for the
Country Ridge Estates project. Should the Council approve the gate, the existing 8.5-
foot-high gate would have to be replaced by another gate or modified to comply with
the maximum 6-foot fence/gate height limit.
The following people were present wishing to speak in support of the request:
Tim Connole, 15138 Orchard Vie Lane
Victoria Gowey, 14440 Golden Sunset Lane
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to approve
the staff recommendation to permit the installation of a gate that complies with the
maximum 6-foot height limit permitted. Motion carried 4-1 with Councilmember Emery
voting "no."
ITEM 3 (0200-20)
DEVELOPMENT REVIEW 02-09R
WHITEWATER DRIVE
APPLICANTS: ROB AND KAREN SPRAGUE
Mayor Cafagna stated that this is a request to review the house design on Lot 9 of
Development Review 02-09 approved by the City Council on September 17, 2002, for
the construction of 9 single-family residences on a recently subdivided 34-acre
property located at the northerly terminus of Whitewater Drive. (APNs: 323-510-01-09,
formerly 323-071-18).
The applicants are requesting that the hearing be continued to April 6, 2004 to allow
time to consider recent updated project design information and decide whether to
make changes to the project.
Motion by Deputy Mayor Higginson, seconded by Council member Goldby, continue
the hearing to April 6, 2004. Motion carried unanimously.
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ITEM 4 (0210-30)
CONDITIONAL USE PERMIT 00-17(M)
MODIFICATION
ELMPARK LANE, 12730
APPLICANT/OWNER: RESURRECTION COMMUNITY CHURCH
Mayor Cafagna introduced the item. Staff report by Assistant City Manager Riley.
This is a six-month status update on the approved preschool and extended church
hours of operation at 12730 Elmpark Lane. APN: 317-640-52.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to approve
the staff recommendation to receive and file the report and to submit a status report
six months after the preschool is operational. Motion carried unanimously.
ITEM 5 (0200-25)
MINOR DEVELOPMENT REVIEW APPLICATION 03-88
HILLSIDE/RIDGELINE
EASTVALE ROAD OFF MARKAR ROAD
APPLICANT: DON PATCH
Mayor Cafagna introduced the item. Staff report by Assistant City Manager Riley.
This is a request to construct a 6,300-square-foot, 2-story, single-family residence
measuring a maximum of 30 feet in height and an attached 660-square-foot garage on
a 2.01-acre property on the north side of Eastvale Road off of Markar Road. APN:
278-240-23.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Council member Rexford, to adopt
Planning Resolution No. P-04-14, entitled, "A Resolution of the City Council of the
City of Poway, California, Approving Minor Development Review Application (MORA)
03-88 Assessor's Parcel Number 278-240-23." Motion carried 4-0 with
Council member Emery out of the room.
ITEM 6 (0200-25)
MINOR DEVELOPMENT REVIEW APPLICATION 03-33
HILLSIDE/RIDGELINE
HIGHLANDS RANCH TERRACE, 17891
APPLICANT: NABIN C. PANDA
Mayor Cafagna introduced the item. Staff report by Assistant City Manager Riley.
This is a request to construct a 4,772-square-foot, 2-story, single-family residence
measuring a maximum of 30 feet 6 inches in height and an attached 805-square-foot
garage on a 2.23-acre property at 17891 Highlands Ranch Terrace. APN: 272-761-
10.
The following person was present wishing to speak.
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Gerald Dinkel, 17966 Highlands Ranch Terrace, representing the Highlands Ranch
HOA Architectural Review Committee, expressed concerns that the applicant had not
provided his organization with plans for review.
Motion by Councilmember Goldby, seconded by Council member Emery, to adopt
Planning Resolution No. P-04-15, entitled, "A Resolution of the City Council of the City
of Poway, California, Approving Minor Development Review Application (MDRA) 03-
33 Assessor's Parcel Number 272-761-10." Motion carried unanimously.
CITY MANAGER ITEMS
15. Assistant City Manager Riley did not provide a State Budget Update. (0150-50)
CITY ATTORNEY ITEMS
16A. Special Council Eckis requested a Closed Session to consider the following:
Public Employee Performance Evaluation
Government Code §54957
Position Title: City Clerk
MAYOR AND CITY COUNCIL-INITIATED ITEMS
18. Council member Rexford requested increased parking enforcement on Stowe
Drive in the Business Park and expressed concerns with large trucks parking in
the turning lanes.
21A. Mayor Cafagna did not provide Council with a brief Regional Governance
update. (0150-20)
CLOSED SESSION
Mayor Cafagna called for a Closed Session as requested by Special Counsel Eckis at
8:45 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:41 p.m. and adjourned the
meeting at 9:42 p.m., in memory of Vic Lambert, Chairman of the Poway Valley Senior
Citizens Corporation, upon motion by Deputy Mayor Higginson, seconded by
Council member Goldby. Motion carried unanimously.
~10N."'ð hJJ.A
L ri Anne Peoples, ity Clerk
City of Poway
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