CC 1998 12-15 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 15, 1998
The December 15, 1998, 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 City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Peggy Stewart
Bob Thomas
Javid Siminou
Reba Wright-Quastler
Ron Ballad
Jim Howell
Warren Shafer
Mark Sanchez
John Tenwolde
Penny Riley
Steve Streeter
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Acting Director of Engineering Services
Director of Planning Services
Interim Director of Public Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriffs Captain
Assistant to the City Manager
Principal Planner
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATION
Community Services Director Thomas introduced Merry Lee Olson, Boardmember and
Fundraising Chairwoman and Ed Jones, who made a brief presentation as representatives
of the Blue Sky Community Foundation for the development of the Blue Sky Ecological
Reserve Visitor's and Interpretive Center. (1401-14)
Council directed staff to continue to work with the Blue Sky Community Foundation on their
plan and appointed Councilmember Rexford as their Council Representative.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Mayor Cafagna stated he had received a public request to pull Item 21 from the Consent
Calendar. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to
approve the Consent Calendar, except Item 21, as follows:
5. Ratification of Warrant Registers for the period of November 23-27, 1998. (401-10)
Approval of Minutes - City Council
December 1, 1998 - Regular Meeting
o
Approval of Final Map for TM 89-13R (The Heritage), Phase 1, Unit 1; Agreement
Relating to Public Improvements; Adoption of Resolution No. 98-109 - For
Annexation into Landscape Maintenance District 86-1; Environmental Development,
Ltd., applicant. (203-01)
Approval of Comprehensive Sign Program (CSP) 98-03, American Property
Enterprises, applicant, for a light industrial center named "Parkway Commerce
Center" located at 13651-13771 Danielson Street, in the South Poway Industrial
Park. Adopted Planning Resolution No. P-98-69. (203-15)
10.
Acceptance of the Gregg Street Reservoir and Pump Station Improvements Project
(#1820) from Pro Contracting Corp. (602-01 #1216)
11.
Award of Bid for the Poway Center for the Performing Arts - Installation of a Water
Pressure Booster Pump project to Medland Controls, Inc. in the amount of $14,775.
(602-01 #1294)
12. Annual Review of Development Agreement with Parkway Development, LLC.
(602-01 #626)
13. Annual Review of Development Agreement with Environmental Development.
(602-01 #830)
14. Annual Review of Development Agreement with Tech Business Center.
(602-01 #835)
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15.
Annual Review of Development Agreement with Tech Business Center for the
Development of Poway Corporate Center. (602-01 #836)
16.
Annual Review of Development Agreement with Trident Homes of California, Inc.
and Shea Homes Limited Partnership. (602-01 #874)
17.
Annual Review of Development Agreement with Poway Partners, LLC for Wet'n
Wild. (602-01 #1199)
18.
Annual Review of Development Agreement with W.H. Pomerado LLC.
(602-01 #400)
19. Authorization to Post Local Appointments List for 1999.
(701-09)
20.
Adoption of 1999 Calendar for Canceled Meetings, authorizing the cancellation of
April 6, June 1, July 13 and 27, August 10 and 24, October 12, November 2 and 23,
December 21 and 28, 1999 Regular Meetings. (701-01)
21.
Approval of Law Enforcement Contract for Fiscal Year 1998/1999 with the San
Diego County Sheriff's Department. (602-01 #59)
21.1 Award of Bid for Various Reservoir Improvements project to Spiess Construction in
the amount of $194,250.00 (602-01 #1297)
21.2 Approval of a $1,000 Community Contribution Request for the Poway Pop Warner
Cheerleading Squad. (1180-05)
21.3
Approval of Parcel Map for City of Poway Tentative Parcel Map 97-15 (a four-parcel
subdivision located south of the terminus of Iris Lane and southwest of Paradise
Drive) and Adoption of Resolution for Annexation Into Landscape Maintenance
District No. 86-2 and City of Poway Lighting District Zones A and C. Adopted
Resolution No. 98-110. (203-02)
Motion carried unanimously.
ITEM 1 (203-08)
CONDITIONAL USE PERMIT 98-07
VARIANCE 98-16/DEVELOPM ENT REVIEW 98-29
APPLICANT: SUNSHINE CARE ASSISTED LIVING
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Mayor Cafagna stated that the applicant had requested this item be continued until
January 26, 1999.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to continue this
item to the January 26, 1999 meeting as requested by the applicant. Motion carried
unanimously.
ITEM 2 (203-04)
VARIANCE 98-13
APPLICANT: LARRY QUATE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to install six (6) detached carport structures over 55 existing residential parking
stalls at Carriage Road Apartments, 13130 carriage Road. A variance is requested to
allow two (2) of the structures to observe a 10 foot separation from other structures when
the minimum zoning distance is 15 feet.
Larry Quate, 16271 Oak Creek Road, addressed the Council and requested the removal
of the condition requiring a seamed metal roof.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the
public hearing and adopt Resolution No. P-98-70, entitled, "A Resolution of the City Council
of the City of Poway, California ^pproving Variance 98-13 Assessor's Parcel Number 317-
490-10" as amended to exclude the requirement that the roof be seamed metal. Motion
carried unanimously.
ITEM 3 (203-10)
VARIANCE 98-17
MINOR DEVELOPMENT REVIEW 98-104
APPLICANT: DAVE AND TERESA PRICE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct single story additions totaling 1,300 square feet onto a 1,800
square foot residence located at 13612 Sagewood Drive. The variance allows the eastedy
addition to observe a 16 foot side yard setback when the zone requires 20 feet.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to close the
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public hearing and adopt Planning Resolution No. P-98-71, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Variance 98-17 and MDRA 98-104
Assessor's Parcel Number 275-341-24." Motion carried unanimously.
ITEM 4 (203-16)
OFF-SITE REAL ESTATE SIGNS
Staff report by City Manager Bowersox. At the November 17, 1998 City Council meeting,
Bill Murray, a local realtor, expressed his dislike for clusters of off-site real estate signs and
asked that the City regulate these signs more closely. A review of the government codes
pertaining to this type of signs, revealed that California Legislature amended the Civil and
Business and Professions Code in 1990 and 1992 to allow off-site real estate signs as
long as they are of reasonable dimension and design, the owner of the property on which
they are placed has given consent for their placement and they do not impact public safety.
Local jurisdictions may not adopt regulations which are stricter than these provisions of
state law, therefore their placement cannot be prohibited by the City.
Louis Tooch, 14105 Powers Road, made inquiry of a non-applicable code section.
Consensus of the Council was to receive and file the report.
ITEM 4.1 (1002-03)
SALE OF CITY-OWNED PROPERTY
Staff report by City Manager Bowersox. The City has received an inquiry by the adjacent
property owner, as to whether they would be receptive to the sale of a 0.33 acre strip of
City-owned land located immediately north of Ted Williams Parkway and on the west side
of Pomerado Road. Mr. Bill Netolicky owns a 1.92 acre site within the Residential Single
Family 3 Zone and has an application pending for a tentative tract map to divide his
property into 5 residential lots The project as designed, would require variance approvals
for lot width. If he were able to purchase the adjacent City land, he would have additional
area to improve on the design of his proposed subdivision.
Planning Services Director Wright-Quastler responded to questions of the Council. Acting
Director of Engineering Services Siminou stated that one potential benefit to Mr. Netolicky
and the City should the additional land be acquired, would be the ability to move the
proposed driveway to the north providing safer ingress/egress from the development.
General discussion ensued.
Consensus of the Council was to consider the possible sale of the land.
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ITEM 4.2 (701-04)
ORDINANCE NO. 509/INTERIM ORDINANCE
MORATORIUM ON ACCESSORY BUILDINGS
IN REAR YARD SETBACKS
Staff report by City Manager Bowersox. At the December 1, 1998 City Council meeting,
Deputy Mayor Emery requested a report conceming the possibility of requiring permits for
small structures. The concern is with small structures in the rear of properties that may
have an adverse impact on neighbors or access. The Uniform Building Code exempts
one-story detached accessory buildings which are under 120 square feet in area from the
requirements to have building permits. This exemption is in a portion of code not adopted
by the State and, therefore, could be changed by the City Council. However, permits are
ministerial actions and must be issued if the requirements of the Uniform Building Code are
met. Single-family homes do not currently require a Minor Development review for non-
habitable space or for less than 750 square feet of habitable space. This could be
modified to require MDRA review for accessory structures.
A draft interim ordinance is provided to prohibit the construction of any "accessory building"
in the rear yard setback area while the issue of regulation is studied. The effect would be
to prohibit the construction of sheds, playhouses, play structures, swimming pools, decks
and all other similar structures for as long as the ordinance is in place.
General discussion ensued with Council concurrence that there was a need to limit
structures greater than 72 inches in height.
Motion by Councilmember Higginson, seconded by Councilmember Goldby, to adopt
Interim Ordinance No. 509, entitled, "An Interim Ordinance of the City of Poway, California
Declaring a Partial Moratorium on Placement or Construction of Accessory Buildings Within
Residential Rear Yard Setbacks," with a modification in Section I to include "in excess of
72 inches in height" after accessory building and correct any typographical errors, and
waive further reading. Motion carried unanimously.
ITEM 21 (602-01 #59)
1998/99 LAW ENFORCEMENT CONTRACT
SAN DIEGO COUNTY SHERIFF'S DEPARTMENT
Mayor Cafagna called on the member of the public who had requested this item be pulled
from the Consent Calendar.
Louis Tooch, 14105 Powers Road, inquired as to when the 800 system would be
implemented in Poway.
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Poway Sheriff's Captain Tenwolde responded that it has been up and running in Poway
for about two weeks now.
Motion by Councilmember Goldby, seconded by Councilmember Higginson, to approve the
contract for law enforcement services for Fiscal Year 1998/99. Motion carried
unanimously.
ClTY MANAGERITEMS
City Manager Bowersox introduced the newly hired Public Services Director, Jim Howell.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
27.
Councilmember Rexford expressed concerns with construction equipment in the
Business Park as small rocks and debris get scattered on walkways and parking
lots and requested staff work with the developers to ensure that the public areas
remain clean.
28.
Mayor Cafagna requested a report be brought back on a future agenda addressing
a complaint he received about traffic safety on Espola Road near Mountain Road.
ADJOURNMENT
On motion by Councilmember Rexford, seconded by Councilmember Goldby, Mayor
Cafagna adjourned the meeting at 8:43 p.m.
Lori JAnne Peoples, City C~rk
City of Poway
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