CC 1998 09-01 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 1, 1998
The September 1, 1998, regular meeting of the City Council of the City of Poway,
was called to order at 7:00 p.m., by Deputy Mayor Goldby at the City Council Chambers,
13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Betty Rexford
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna (Councilmember Cafagna arrived at 7:50 p.m.),
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Morgan Foley
Bob Thomas
Javid Siminou
Reba VVright-Quastler
Warren Sharer
Steve Streeter
John Falconer
Scott Nespor
City Manager
City Clerk
Assistant City Attorney
Director of Community Services
Acting Director of Engineering Services
Director of Planning Services
Director of Redevelopment Services
Principal Planner
Sheriff's Captain
Management Assistant
PLEDGE OF ALLEGIANCE
Councilmember Emery led the Pledge of Allegiance.
PRESENTATIONS
San Diego County City Clerks' Susan Bigelow of La Mesa, Marilynn Linn of El Cajon,
Jeanne Bunch of Escondido and Jo Seibert of Vista congratulated Assistant City Clerk
Peoples on becoming Poway's second City Clerk.
Deputy City Clerk Bowersox administered the oath of office to City Clerk Peoples.
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PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Goldby explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Bill Cross, 13105 Corona Way spoke regarding gasoline prices at the pump.
Roger Willoughby, 13732 Fairgate Ddve submitted a petition signed by 10 residents
of Fairgate Drive in opposition to any automobile dealerships being built on any part
of the lot that borders Poway Creek to the north of Fairgate Drive and east of Gate
Drive.
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Councilmember Emery to approve the
Consent Calendar, as follows:
11. Ratification of Warrant Register for period of August 3-7 and 10-14, 1998.
(401-10)
12. Approval of Minutes - City Council
August 4, 1998 - Regular Meeting
August 11, 1998 - Canceled Meeting
14. Approval of Investment Report through July 31, 1998.
(408-01)
15.
Designation of Voting Delegate for the League of California Cities Annual
Conference, October 2-4, 1998. (1503-22)
16. Authorization to Provide Upgraded Reserve Park Ranger Uniforms. (1130-01)
17.
Approval of Temporary Water Connection for 14038 York Avenue, Jean and George
Wilson, applicants. (1204-04)
18.
Approval of an Engineering Agreement Between the City of Poway/Poway
Redevelopment Agency and Southern California Soil & Testing, Inc. for
Geotechnical Services for FY 1998-1999 through FY 1999-2000. (602-01 #1070)
19.
Approval of Minor Development Review 98-60, Doug and Angela Mahin, applicants:
to construct a single-family house of 3,716 square feet with a partial second-story
of up to 28.5-feet plus an 852 square foot garage on 4.5 acres off Glen Cimle Road.
(203-10)
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20. Receive and file update on the City of Poway's Annual Report to the California
Integrated Waste Management Board. (1502-39)
ITEM 1 (602-01 #601)
REIMBURSEMENT AGREEMENT EXTENSION
LOS LOMAS ESTATES
Deputy Mayor Goldby opened the public hearing. City Manager Bowersox stated that in
February 1995, City Council amended the Municipal Code to extend the period of
reimbursement agreements from 10 to 15 years. The agreement with Los Lomas Estates
would expire July 12, 1998 with a five-year extension. A request to extend the
Reimbursement Agreement from July 12, 1998 to July 12, 2003 was received, a public
hearing was noticed and held on June 2, 1998 and the extension was approved. One of
the affected property owners was sent notice to several addresses on file, but not to an
address in Indiana shown on the latest equalized assessment roll.
Timothy E. Fields, 500 West "C" #1800, San Diego, representing trustees E.J. & P.M.
Yeager spoke in opposition to staff recommendation.
Motion by Councilmember Rexford, seconded by Councilmember Emery to close the public
hearing and extend the reimbursement period to July 12, 2003 as requested.
ITEM 2 (701-04)
ORDINANCE NO. 502/SECOND READING
OVER THE COUNTER SALES OF PRODUCTS WITH EPHEDRINE
Deputy Mayor Goldby opened the public headng and read the title of Ordinance No. 502,
"An Ordinance of the City of Poway, California Adding Chapter 9.10 to the Poway
Municipal Code Establishing Regulations Pertaining to the Sale of Over the Counter
Products Containing Ephedrine."
Staff report by City Manager Bowersox. Ordinance No. 502 was placed on the agenda at
the request of Council for consideration of the adoption of an ordinance similar to one
adopted by the City and County of San Diego which would regulate the sale large
quantities of over-the-counter, otherwise legal products, containing ephedrine. Ephedrine
is associated with the illegal manufacture of methamphetamine. Deputy City Attorney
Foley requested this item be considered as another first reading due to the receipt of a
request for modification to the definition of ephedrine as contained in the original
ordinance.
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There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive further
reading and set second reading of Ordinance No. 502 for September 15, 1998. Motion
carried 3-0 with Councilmember Cafagna and Mayor Higginson absent.
ITEM 2 (701-04)
ORDINANCE NO. 503\SECOND READING
FLOOD DAMAGE PREVENTION REGULATIONS
Deputy Mayor Goldby opened the public hearing and read the title of Ordinance No. 503,
"An Ordinance of the City of Poway, California, Amending Division V to Title 16 of the
Poway Municipal Code Revising Comprehensive Flood Damage Prevention Regulations
in Accordance with the Requirements of the Federal Emergency Management Agency
Requirements for Flood Insurance."
Staff report by City Manager Bowersox. The City of Poway is a participant in the National
Flood Insurance Program (NFIP). As a participant, the City is required to have a drainage
ordinance which complies with the current Federal Emergency Management Agency
(FEMA) regulations. The proposed ordinance brings the City current with FEMA
regulations and removes portions of the prior ordinance that do not apply to Poway.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing, waive further reading and adopt Ordinance No. 503. Motion carried 3-0
with Councilmember Cafagna and Mayor Higginson absent.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 98-09
APPLICANT: DON RADY/SOUTH COAST CIVIL ENGINEERING
Deputy Mayor Goldby opened the public hearing. Item introduced by City Manager
Bowersox. This is a request to divide a 2.73 acre pamel into two parcels of 1.46 acres and
1.14 acres at 15604 Ripadan Road (west side) at the westedy terminus of Titan Way. Staff
report by Planning Director Wright-Quastler.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
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public headng, issue a Negative Declaration and adopt Planning Resolution No. P-98-47,
entitled, "A Resolution of the City Council of the City of Poway, California Approving
tentative Parcel Map 98-09 Assessors Pamel Number 278-442-34." Motion carried 3-0
with Councilmember Cafagna and Mayor Higginson absent.
ITEM 5 (203-02)
TENTATIVE PARCEL MAP 98-01
APPLICANT: DON MECHLING
Deputy Mayor Goldby opened the public hearing. Introduction by City Manager Bowersox.
This is a request to divide an 8.71 acre parcel into two parcels of 4.54 acres and 4.17
gross acres south of Millards Ranch Lane and west of Dos Amigos Road. The applicant
has requested a continuance to September 15, 1998.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to continue the
public hearing to September 15, 1998 as requested by the applicant. Motion carried 3-0
with Councilmember Cafagna and Mayor Higginson absent.
ITEM 1 (203-11 )
GENERAL PLAN AMENDMENT/ZONE CHANGE 98-02
Deputy Mayor Goldby opened the public hearing and read the titles of the ordinances: A)
Ordinance No. , "An Ordinance of the City of Poway, California Changing the Zoning
Classification of Certain Property (ZC 98-02A)" and B) Ordinance No. , "An Ordinance
of the City of Poway, Califomia Changing the Zoning Classification of Certain Property (ZC
98-02B)."
Staff report by City Manager Bowersox. This GPA hearing includes two new requests
based on previously denied GPNZC applications that were granted a rehearing based on
new information. GPA/ZC 98-02A involves consideration of the redesignation of land use
and zoning for a 1.36 acre commercial retail site located on the southeast corner of
Community Road and Hilleary Place from Town Center (TC) to Commercial General (CG).
GPA/ZC 98-02B involves consideration of the redesignation of land use and zoning for a
16.9 acre commercial retail site consisting of three separate parcels located south of
Hilleary Place between Community Road and Midland Road form Town center (TC) to
Commercial General (CG).
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Speaking in support:
Dr. Stephen Fenn, 16009 Hat Creek Road, representing the Poway Chamber of
Commerce.
Cheryl LaPorte, 14265 Jerome, owner of the veterinary clinic interested in locating in the
center.
Ed Malone, 17150 Old Coach Road suggested Council look at adding the veterinary clinic
use to the TC zone along with other potential items rather than change to CG.
Deputy Mayor Goldby stated he still had concerns with the proposed zoning change.
Director of Planning Services Wright-Quastler responded to questions of the Council.
Deputy Mayor Goldby suggested the inclusion of only uses Council felt to be acceptable
for addition such as office and professional use and excluding used good stores, sport and
entertainment, vehicle, public and semi public and residential uses.
Motion by Councilmember Rexford, seconded by Deputy Mayor Goldby, to close the public
hearing; issue Negative Declarations; adopt Resolutions approving GPA 98-02A and B;
waive further reading of the titles of the Ordinances and set second readings as staff
reports for September 15, 1998 with uses as stated by Deputy Mayor Goldby. Motion
failed 2-1 with Councilmember Emery voting no and Councilmember Cafagna and Mayor
Higginson absent.
City Manager Bowersox stated that Council had the option at this point of continuing the
public headng to the September 8, 1998 meeting or trailing the item pending the arrival of
Councilmember Cafagna. The item was continued to the September 8, 1998 meeting.
ITEM 7 (203-01)
TENTATIVE TRACT MAP 89-13R(2)
APPLICANT: ENVIRONMENTAL DEVELOPMENT
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager Bowersox.
This is a request to modify the conditions of TTM 89-13R Old Coach Golf Estates for
Phase 2 of 78 residential lots and a golf course on 549 acres of the 708 acre specific plan
site lying along both sides of Old Coach Road beginning immediately north of Espola Road
and extending to the north property line within the Old Coach Planned Community (PC)
zone. The applicant has requested a continuance to the September 8, 1998 meeting.
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Motion by Councilmember Rexford, seconded by Councilmember Emery, to continue the
public hearing to September 8, 1998 at the request of the applicant. Motion carried 3-0
with Councilmember Cafagna and Mayor Higginson absent.
ITEM 8 (203-10)
VARIANCE 98-12/MINOR DEVELOPMENT REVIEW 98-53
APPLICANTS: JOHN AND SANDRA GONNERMAN
Deputy Mayor Goldby opened the public headng. Staff report by City Manager Bowersox.
This is a request to construct a 3,153 square foot two-story home on a .55 acre lot and
approval of a ten-foot sideyard setback variance on both side yards for property located
at 13411 Stone Canyon Road.
Speaking in support of staff recommendation:
Robert Bednar, 13429 Stone Canyon Road, stated the supports the request with the
conditions of a 5 ft. cut, a 20 ft. setback minimum and a maximum height of 23 feet.
John D. Gonnerman, 16885 St. Andrews, applicant, responded to questions and
comments and stated that the non-conforming lot utilization is consistent with state law
regarding such properties and requested conditions regarding in-lieu street improvement
funding.
Councilmember Cafagna arrived.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution No. P-98-48, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Variance 98-12 and Minor
Development Review 98-53 Assessor's Parcel Number 275-181-08." Motion carried 4-0
with Mayor Higginson absent.
ITEM 9 (1163-01)
PARKING RESTRICTIONS ON RIPARIAN RD
OAKSTAND RD. DOVEWOOD CT. AND YELLOWTHROAT RD.
Staff report by City Manager Bowersox. The proposed resolution modifies time limited
parking restrictions on Riparian Road, Oakstand Road, Dovewood Court and Yellowthroat
Road and enables the Traffic Safety Committee to approve additional restrictions in the
neighborhood as requested and approved by residents to curtail student parking. The
restrictions are from 8 a.m. to 10 a.m.
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Deputy Mayor Goldby requested any further extensions or restrictions be brought back to
Council for approval.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 98-090 as modified, entitled, "A Resolution of the City Council of the City
of Poway, California Establishing Time Limited Parking Restrictions on Riparian Road,
Oakstand Road, Dovewood Court and Yellowthroat Road; Rescinding Resolutions No. 91-
017 and 91-069." Motion carried 4-0 with Mayor Higginson absent.
ITEM 10 (209-05)
QUARTERLY REPORT
ECONOMIC DEVELOPMENT SUBCOMMITTEE
The report provides a summary of economic development activities for the period of April
through June 1998. Staff recommends the report be received and filed.
Council concurred to receive and file the report.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23.
Councilmember Cafagna stated that he was delayed in his arrival this evening due
to his attendance and testimony at a Planning Commission hearing in the City of
Vista regarding the proposed trash transfer station.
25.
Deputy Mayor Goldby requested concurrence from Council to have staff bring back
an objective analysis on the Indian gaming initiative. Concurrence was not granted.
27.
Deputy Mayor Goldby requested and received concurrence to hold a
pre-development conference with Poway Entertainment Company, LLC. regarding
the building of an outdoor skateboard park on vacant land located at 12941 Poway
read, next to the Poway Fun Bowl on September 10, 1998.
ADJOURNMENT
Deputy Mayor Goldby adjourned the meeting at 8:12 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
Lori [Anne Peoples, Asdis~a'r~ City Clerk
City of Poway
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