CC 1997 12-16 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 16, 1997
The December 16, 1997, regular meeting of the City Council of the City of Poway,
was called to order at 7:04 p.m., by Mayor Higginson at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Steve Streeter
John Falconer
Penny Riley
City Manager
City Clerk
City Attorney
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Principal Planner
Sheriff's Captain
Assistant to the City Manager
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PROCLAMATION
Deputy Mayor Rexford read the proclamation for "National Drunk and Drugged Driving
Prevention Month - December, 1997" and presented it to Victoria Gilner representing
Mothers Against Drunk Drivers (MADD).
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
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CONSENT CALENDAR
Councilmember Cafagna pulled Item 18 from the Consent Calendar.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
9.
10.
11.
12.
13.
14.
15.
Ratification of Warrant Register for period of November 24-28, 1997.
Denial of Claims against the City: a) Dana Timms, b) Amy Westerfeld.
17.
19.
20.
(401-10)
(704-13)
Approval of a request for proposed building elevation enhancements and color
revisions to the six single family homes approved by City Council Resolution No. P-
94-19, located at 12718 Oak Knoll Road. Development Review 94-02 (Tentative
Tract Map 94-01), Miles Lovelace, applicant. (203-01)
Annual Review of Development Agreement with Parkway Development, LLC.
(602-01 #626)
Annual Rewew of Development Agreement with Environmental Development.
(602-01 #830)
Annual Review of Development Agreement with Tech Business Center.
(602-01 #835)
Annual Review of Development Agreement with Tech Business Center for the
Development of Poway Corporate Center. (602-01 #836)
Annual Review of Development Agreement with Trident Homes of California, Inc.
and Shea Homes Limited Partnership. (602-01 #874)
Annual Review of Development Agreement for Wet'n Wild.
Authorization to post Local Appointments List for 1998.
(602-01 #1199)
(701-09)
Adoption of 1998 Calendar for Canceled Meetings, authorizing the cancellation of
April 7, May 26, June 9 and 23, July 7 and 21, August 11 and 25, October 13,
November 3 and 24, December 22 and 29, 1998 Regular Meetings. (701-01)
21. Adoption of Resolution No. 97-103, entitled, "A Resolution of the City Council of the
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22.
23.
23.1
23.2
City of Poway, California Authorizing Congestion Mitigation Air Quality Grant
Projects CML-5428(003) and CML-5428(004)," and appropriation of $22,500 and
$208,500 from the General Fund for construction of two projects which will provide
communication and improve traffic signal coordination in central and south Poway.
(401-30)
Receive and file Status Report on the Domestic Violence Counseling Program.
(1180-05)
Receive and file Status Report on 1997 Summary of Legislative Activities.
(701-11 )
Acceptance of the Seal Coat Program, 97-98 Street Maintenance Program from
Manhole Adjusting Contractors. (602-01 #1210)
Acceptance of Improvement of High Valley Road, Markar Road, Vali Hai Road, and
Eastvale Road from Interwest Pacific, Ltd. (602-01 #1148)
Motion carried unanimously.
ITEM I (203-21)
SPA 84-01KK/TPM 97-08/CUP 97-08/
CUP 97-09/DR 97-34
APPLICANT: TRIDENT HOMES. INC.
Mayor Higginson opened the public hearing. Councilmember Rexford announced she
would be disqualifying herself from this item and left the dais to sit in the audience.
Item introduced by City Manager Bowersox. This is a request to construct a shopping
center containing commercial uses on 7.96 acres located at the southwest corner of
Scdpps Poway Parkway and Pomerado Road. Two of the uses, a gasoline service station
with mini-mart and a fast food restaurant were proposed to be open 24 hours, however a
fax received today from the developer has modified their request to be open 6 a.m. to
midnight.
Staff report by Director of Planning Services Wdght-Quastler. This application
encompasses an amendment to the South Poway Specific Plan (SP 84-01KK) which adds
uses that would be allowed in the Commercial Neighborhood zone to this site only; a
tentative parcel map (TPM 97-08) which creates five parcels with building pads and one
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common parcel with slopes/landscaping; a conditional use permit (CUP 97-08) for a drive
through fast food restaurant; a conditional use permit (CUP 97-09) for a gas station; and
a development review (DR 97-34) for the architecture of the buildings, the placement on
the site, parking layout, and access to the site.
The main issues that have adsen include the 24 hour operation; smells from the fast food
restaurant; access to and from the site; and traffic. The developer, late today, is
withdrawing his request for 24 hour operation. A catalytic converter will be required to
control odors from the restaurant. Access is proposed to be in only from Scripps Poway
Parkway with a 600 foot deceleration lane; in and right turn out only from Pomerado Road;
and full access to Treadwell Ddve. The center is expected to generate approximately 3100
additional trips per day in total.
In response to query from Councilmember Emery, Director of Planning Services Wright-
Quastler clarified that fast food and gasoline stations ara allowed uses with a conditional
use permit. The mini-market is allowed by right.
Speaking in favor of the project:
Daniel Zau, 939 E. 17th St., Santa Ana, Trident Homes of California
Linda Moreland, AIA, 1104 Camino Del Mar, Del Mar, architect for the project
Bill Darnell, Darnell & Associates, traffic engineer, 1202 Kettner Blvd., San Diego
Rod Lucio, 1300 S. Beach Blvd., La Habra, Chevron Corp., stated they want a 24
hour gasoline operation.
Wade Goding, 1200 N. Harbor, Anaheim, Carl's Jr.
Peter Orth, 15841 Lime Grove Road, CB Commercial Leasing
Mr. Damell discussed the error that was made in the traffic study when the assumption was
made of six gasoline pumps rather than twelve fueling stations. City Attorney Eckis asked
if any additional analysis had been done since the error was pointed out. Mr. Darnell
stated he did not do a full analysis but saw no significant traffic impacts by this change.
Speaking in opposition to the project:
Margaret Williams, 11674 Creek Road
David Hadzicki, 4489 Caminito Cuarzo, home buyer in Rolling Hills Estates
Betty Rexford, 11570 Creek Road
Paul Rexford, 11570 Creek Road
Lise Brown, 10434 Mountain Glen Terrace, San Diego, home buyer in Rolling Hills
Estates
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Rick Bueter, 12382 Pathos Lane, San Diego, home buyer in Rolling Hills Estates
Laurie Coskey, 11763 Treadwell Dr. San Diego, home buyer in Rolling Hills Estates
Peter Bybee, 11321 Ironwood Road, San Diego, home buyer in Rolling Hills Estates
Herman Hammerstead, 11624 Creek Road
Doris Bingham, 11555 Eastridge Place, San Diego
Paul Eyerman, 12218 Morningside Ct., home buyer in Rolling Hills Estates
James Puplava, 12255 Parkway Centre Drive, home buyer in Rolling Hills Estates
Javier Merino, 11540 Creek Road
Jim Simmons, 160 Industrial St., San Marcos, consultant for the Rolling Hills Estates
homeowners, stated the environmental analysis is inadequate.
Joseph Oliva, 751 E. Rancheros Dr., San Marcos, attorney for the Rolling Hills
Estates homeowners, stated the public outrage and cumulative impacts are sufficient to
require an EIR.
Laurie Lockwood, 8748 Butano Court, San Diego, home buyer in Rolling Hills
Estates
Henry Latifzadeh, 17964 Pueblo Vista Lane, San Diego, owner of a gasoline station
in Poway
Doug Brown, 11769 Treadwell Drive
Gary Hicks, 19731 Old Saybrook Dr., San Diego, home buyer in Rolling Hills Estates
Richard Ludwig, 12720 Metate Lane
Craig Lefferts, 11315 Legacy Terrace, San Diego, home buyer in Rolling Hills
Estates
Annette Brown, 11769 Treadwell Drive
Cheryl Cline, 12737 Peartree Terrace, home buyer in Rolling Hills Estates
Brett Helm, 17865 Caminito Pinero #148, San Diego, home buyer in Rolling Hills
Estates
Phyllis Dodds, 13812 Yellowthroat Road, home buyer in Rolling Hills Estates
Robert Dodds, 13812 Yellowthroat Road, home buyer in Rolling Hills Estates
Carol Anderson, 13001 Bowron Road
Bill Miller, 447 Loma Larga. Solana Beach, home buyer in Rolling Hills Estates
Speakers protested this commercial use adjacent to the residential area and stated the
access will be unsafe and cause traffic problems for the homeowners. They cited noise,
sale of alcohol, loitering; and possible negative impact on Poway Road businesses among
their concerns.
In response to comments by Jim Simmons and Joseph Oliva, Director of Planning Services
Wright-Quastler stated that the General Plan Amendment in 1987 and its supplemental
EIR, and the updated General Plan and its EIR anticipated the commercial development
of this site and the possibility of these uses. The environmental documentation done at
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that time deal with the general impacts. Cumulative impacts of higher lot coverage than
is being proposed was taken into account in those documents. Trreadwell is a collector
rather than a residential street in the area near the intersection so access there is not in
violation of the General Plan. The projects identified by Mr. Oliva as causing potential
cumulative impacts were included in the traffic analysis. The General Plan speaks to
encouraging commercial on Poway Road but does not preclude it elsewhere. In fact,
commercial development of this site is specifically anticipated by the General Plan.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 10 p.m. and called it back to order at 10:12 p.m.
with all Councilmembers present.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public
hearing. Motion carried 4-0 with Councilmember Rexford disqualified.
Following discussion, motion by Councilmember Cafagna, seconded by Mayor Higginson
to issue a Negative Declaration; adopt Resolution No. 97-104, entitled, "A Resolution of
the City Council of the City of Poway, California Amending the South Poway Specific Plan
to Allow Additional Commercial Uses for the Trident Center (Assessors Parcel Number
320-200-43), Specific Plan Amendment (SPA 84-01KK)"; Resolution No. P-97-67, entitled,
"A Resolution of the City Council of the City of Poway, California Approving TPM 97-08,
DR 97-34, CUP 97-08 and 97-09, Assessors Parcel Number 320-200-43." amended to
require the first annual review of the CUP to be done by the City Council; no deliveries or
parking lot sweeping between 10 p.m. and 7 a.m.; no fast food or gasoline operation
between midnight and 6 a.m.; no parking on a portion of Treadwell adjacent to the
ingress/egress. Motion carried 4-0 with Councilmember Rexford disqualified.
ITEM 3 (203-02)
TENTATIVE PARCEL MAP 97-11
APPLICANT: DRISDAN, INC.
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is a request to divide 3.79 acres into two parcels at the southwest corner of the t-
intersection of Danielson Street and Stowe Drive. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
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public hearing and adopt Planning Resolution No. P-97-68, entitled,"A Resolution of the
City Council of the City of Poway, California Approving Tentative Parcel Map 97-11,
Assessor's Parcel Number 323-090-63." Motion carried 4-0 with Councilmember Rexford
off the dais.
(Councilmember Rexford returned to the dais at this point.)
ITEM 4 (203-14)
DEVELOPMENT REVIEW 97-38
VARIANCE 97-09
APPLICANT: BANYON REALTY GROUP
Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This
is a request to construct 8 tilt-up buildings with mezzanines totaling 99,634 square feet on
5.9 acres at 13851 Danielson Street, including a variance of 14.5 feet for a portion of the
50 foot landscape setback. Staff recommends approval.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Goldby to close the public
hearing and adopt Planning Resolution No. P-97-69, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Development Review 97-38 and
Variance 97-09, Assessor's Parcel Number 323-090-62." Motion carried unanimously.
ITEM 5 (1160-01)
STOP CONTROLS ON PUTNEY AT IPAVA
Staff report by Director of Engineering Services Weston. At the request of residents on
Putney Road, the Traffic Safety Committee reviewed a request for a stop sign on Putney
Road at Ipava Drive. Because of the excellent accident history and Iow traffic volumes, the
TSC determined that no additional stop controls are needed at that intersection. An edge
stripe will be painted on Putney to provide better separation between vehicles, pedestrians,
and horses.
Speaking in opposition to staff recommendation:
Adrienne Corbin, 13865 Putney Road. She stated there has been a great increase
in traffic since Ipava was extended through Sunrise Ranch to Poway Road. It is used as
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a short cut and the auto dealers use it for a test drive route.
Following Council discussion, motion by Councilmember Emery, seconded by Mayor
Higginson to approve the installation of a stop sign. Motion carried unanimously. City
Manager Bowersox stated a confirming resolution will be on the January 6, 1998 agenda.
(Councilmember Emery left the room.)
ITEM 6 (1180-05)
VISITORS ENHANCEMENT PROGRAM
Staff report by City Manager Bowersox. The City Council requested a six months progress
report by the Poway Chamber of Commeme Visitor Services/Economic Development
Committee to implement the items approved in their 1997-98 budget, and expenditures to
date. In addition to the report, the Committee is requesting an appropriation of $2,681 from
the Visitors Enhancement Program to the current budget for "Shop Poway Awareness"
advertising.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to receive and file the
status report and approve the requested appropriation. Motion carried 4-0 with
Councilmember Emery out of the room.
ITEM 7 (1002-01)
ACQUISITION OF PROPERTY
GILLESPIE/KOHLER-BLUE SKY PRESERVE
Staff report by City Manager Bowersox. When Espola Road is widened, the dirt shoulder
area adjacent to the roadway will be eliminated as public parking for Blue Sky Ecological
Reserve. The City has been in negotiations with the owners of the property adjacent to the
northern boundary to purchase 16 acres to be used as a parking lot and also provide
wildlife habit preservation.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to approve the
purchase of the Gillespie/Kohler property, authorize the opening of an escrow account, and
appropriate $471,00 in City/Agency funds, $386,500 of which will be reimbursed upon
receipt of state grant funds. Motion carried 4-0 with Councilmember Emery out of the
room.
(Councilmember Emery re-entered the meeting.)
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ITEM 18 (602-01 #275R)
AWARD OF BID
PERFORMING ARTS CENTER DOORS
Councilmember Cafagna stated he had received a call from the Iow bidder regarding staffs
recommendation of rejection of his bid.
Steve Lain, 8845 Menkar Road, San Diego, STLC, stated he was told his bid package was
not complete.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to award the bid
for the Poway Center for the Performing Arts Additional Doom and Miscellaneous Electrical
Work to bidder #3, Lesicka & Joy Construction Co. as the lowest responsive bidder in the
amount of $43,657.00; reject bid packages from STLC and Sunflower Electric; and
appropriate $10,000 from the 1989 Tax Allocation Bond Fund 432. Motion carried
unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis announced that the judge ordered the Redevelopment Agency to pay
$1.1 million in attorney fees in the Poway Royal lawsuit. The settlement agreement has
been approved by most of the tenants.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
29.
Councilmember Rexford asked about the status of the block number signs for
Poway Road. Director of Planning Services Wright-Quastler stated that Requests
for Quotations have been sent out.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 11:30 p.m. on motion by Councilmember
Cafagna, seconded by Councilmember Emery.
MarjOrie~,K. Wahlsten, City Clerk
City of~P.p~pway
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