CC 1998 10-06 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 6, 1998
The October 6, 1998, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 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
Lori Anne Peoples
Steve Eckis
Javid Siminou
Reba Wright-Quastler
Warren Shafer
John Falconer
Penny Riley
Scott Nespor
City Manager
City Clerk
City Attorney
Acting Director of Engineering Services
Director of Planning Services
Director of Redevelopment Services
Sheriff's Captain
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
PRESENTATIONS
Mayor Higginson recognized San Diego County Sheriff's Captain John Falconer for
Exemplary Service to the City of Poway, Poway Sheriff's Station from August 1996 to
October 1998.
Mayor Higginson then presented a Proclamation declaring October 1998 as "National
Breast Cancer Awareness Month" to American Cancer Society representative, Ms. Dwane.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
persons were present wishing to speak:
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Ed Carboneau, 14073 Pomegranate, expressed his views on the management of
Poway Redevelopment Agency areas of jurisdiction, Poway Royal and Haley Estates.
Carol Anderson, 13001 Bowron Rd., invited candidates in the November 3, 1998
election to a candidate's forum from 6:30 p.m. to 9:00 p.m Wednesday, October 28th at
Poinsettia Mobile Home Park.
CONSENT CALENDAR
Mayor Higginson requested Item Nos. 13 and 14 be pulled from the Consent Calendar and
continued to the meeting of October 20, 1998. Motion by Councilmember Emery,
seconded by Councilmember Cafagna, to approve the Consent Calendar, as follows:
9. Ratification of Warrant Register for period of September 14-18, 1998. (401-10)
10. Approval of Minutes - City Council
September 22, 1998 - Regular Meeting
12. Rejection of Claim for Damages: Dan S. Ervin
(704-13)
13.
Resolution No. P-98-__ - Approving Minor Development Review 98-72
Hillside/Ridgeline, JAM Poway LLC, applicant: A request to construct a 6,250
square foot home with guest quarters on a 1.6 acre lot in Highlands Ranch at 17975
Highlands Ranch Place. Continued to October 20, 1998. (203-10)
14. Award of Bid for the Public Services Operations Building Renovation and Addition.
Continued award of bid to October 20, 1998. (602-01 #1281)
15.
Adopt pre-approved Disadvantaged Business Enterprises (DBE) Program and
Annual Plan goal of 10% for the period of October 1, 1998 to September 30, 1999.
(1502-17)
Motion carried unanimously.
ITEM I (203-24)
MINOR CONDITIONAL USE PERMIT 98-02
VARIANCE 98-07/MINOR DEVELOPMENT REVIEW 98-14
APPLICANT: JIM PIVA
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is a modification or revocation of a permit to operate an equipment rental business located
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at 12316 Oak Knoll Road. Staff is recommending the permit be revoked.
Planning Director Wright-Quastler provided a verbal update of conditions that had been
met to date.
The following persons were present wishing to speak:
Paul Coleman, 15845 Summer Sage Road, owner of Oak Knoll Dental, spoke in
support of staff recommendation.
Melanie Presley, 15541 Indian Head Court, Ramona, employee of Piva Equipment
Rental, spoke in opposition to staff recommendation.
Mike Graham, 12270 Oak Knoll Road, representing Poway/Pomerado Equipment
Rental, spoke in support of staff recommendation.
Jim Piva, 12316 Oak Knoll Road, owner of Piva Equipment Rental, spoke in
opposition to staff recommendation.
Staff responded to questions of the Council.
Councilmember Emery stated that the conditions of the Conditional Use Permit had not
been met since May and commented on the time given in the proposed resolution of 60
days to vacate the site as Mr. Piva was already 5 months into a 1 year permit.
Councilmember Cafagna stated he felt more than 60 days was needed for relocation.
General discussion ensued. Council concurred that revocation was appropriate with
relocation to take place by February 28, 1999 rather than 60 days.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-98-54, entitled, "A Resolution of the
City Council of the City of Poway, California Revoking Approval of Minor conditional Use
Permit 98-02 and Rescinds Resolution No. P-98-29, Assessor's Parcel Number 317-151-
64" as amended to reflect the property to be vacated and all improvements and materials
associated with this use be removed by February 28, 1999. Motion carried 4-1 with
Councilmember Goldby voting no.
ITEM 2 (701-04)
ORDINANCE NOS. 504 & 505/SECOND READING
GENERAL PLAN AMENDMENT/ZONE CHANGE 98-02
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Mayor Higginson opened the public hearing and read the titles of the ordinances: A)
Ordinance No. 504, "An Ordinance of the City of Poway, California Changing the Zoning
Classification of Certain Property (ZC 98-02A)" and B) Ordinance No. 505, "An Ordinance
of the City of Poway, California Changing the Zoning Classification of Certain Property (ZC
98-02B)."
Staff report by City Manager Bowersox. The City Council held the first reading of these
Ordinances on September 8, 1998. This GPA 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 commemial retail site located on the southeast corner of Community
Road and Hilleary Place from Town Center (TC) to Commercial General (CG). GPNZC
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).
There was no one present wishing to be heard.
Motion by Mayor Higginson, seconded by Deputy Mayor Goldby, to close the public
hearing; waive further reading and adopt Ordinance Nos. 504 and 505. Motion carried
unanimously.
ITEM 3 (203-21)
SPECIFIC PLAN 98-01
(701-04)
ORDINANCE NO. 507/FIRST READING
TYPE OF COMMERCIAL LAND DEVELOPMENT
Mayor Higginson opened the public hearing and read the title of Ordinance No. 507, "An
Ordinance of the City of Poway, California Creating Specific Plan 98-01 (SP 98-01 )."
Staff report by City Manager Bowersox. This will create a specific plan that will cover the
type of commercial land development that will be allowed on an 18.29 acre site located
south of Hilleary Place between Community Road and Midland Road and includes the
Poway Retail Plaza, WalMart, the former Payless Shoe Store and Plowboys Produce.
There was no one present wishing to be heard.
Motion by Deputy Mayor Goldby, seconded by Mayor Higginson, to continue the public
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hearing to October 20, 1998 for second reading and adoption. Motion carried
unanimously.
ITEM 4 (203-21)
SPECIFIC PLAN AMENDMENT 95-01B
Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This
is a request to amend the Poway Road Specific Plan (SP 95-01) to delete four parcels
totaling 18.29 acres located south of Hilleary Place between Community Road and Midland
Road from the Plan area.
There was no one present wishing to be heard.
Motion by Deputy Mayor Goldby, seconded by Mayor Higginson to close the public hearing
and adopt Resolution No. 98-07, entitled, "A Resolution of the City Council of the City of
Poway, California Amending the Poway Road Specific Plan (SPA 95-01B)." Motion carded
unanimously.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 98-04
APPLICANT: MICHAEL LAPORTE
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is a request to locate a veterinary office (Town and Country Veterinary Clinic) in a 1,995
square foot Commercial General zoned suite located at 13445 Community Road in the
Poway Retail Plaza.
There was no one present wishing to be heard.
Motion by Deputy Mayor Goldby, seconded by Mayor Higginson, to close the public
hearing and adopt Planning Resolution No. P-98-55, entitled, '% Resolution of the City
Council of the City of Poway, California Approving Conditional Use Permit 98-04,
Assessor's Parcel Number 317-130-66." Motion carried 4-1 with Councilmember Emery
voting no.
ITEM 6 (1002-03)
SALE OF AGENCY PROPERTY- HENRY'S MARKET
NORTHWEST CORNER OF POWAY/MIDLAND ROADS
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is the consideration of the sale of the Agency owned property commonly known as Henry's
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Market (APN 317-130-31 ) located at the northwest corner of Midland and Poway Roads
to Mr. Mike Bullock for $2,100,000.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Mayor Higginson to close the public
headng and appreve sale of the site and authorize the Executive Director to execute the
necessary documents subject to appreval as to form by the Agency Counsel. Motion
carried unanimously.
ITEM 7 (203-02)
TENTATIVE PARCEL MAP 98-11
OWNER: JUDD POWAY LLC
Mayor Higginson opened the public hearing. This is a request to divide a 5.95 acre lot into
four pareels at 13850 Stowe Drive. The property is presently being developed with four
industrial buildings.
There was no one present wishing to be heard.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-98-56, entitled, "A Resolution of the
City Council of the City of Poway, California Appreving Tentative Parcel Map 98-11,
Assessor's Parcel Number 323-481-01." Motion carried unanimously.
ITEM 8 (203-01)
TENTATIVE TRACT MAP 95-01
APPLICANT: NANCY CETEL WEISS
Mayor Higginson opened the public hearing. This is a request for a three year time
extension to subdivide 77 acres into eight rural residential lots on property located at the
south terminus of Blue Crystal Trail and Murel Trail.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution No. P-98-057, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Tentative Tract Map 95-01 Time
Extension, Assessor's Parcel Numbers 321-270-54, 58, 59 and 63." Motion carried
unanimously.
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CITY ATTORNEY ITEMS
17. City Attorney Eckis requested a closed session with City Council for anticipated
litigation under Government Code Section 54956.9(c), one potential case.
CLOSED SESSION
Mayor Higginson called for closed session at 7:50 p.m.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:13 p.m. on motion by Councilmember Emery,
seconded by Councilmember Cafagna.
L~Lori ,~nne Peoples, City Cle~'k
City of Poway
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