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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. 6500 Page 2 - CITY OF POWAY - December 15, 1998 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) 6501 Page 3 - CITY OF POWAY - December 15, 1998 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 65O2 Page 4 - CITY OF POWAY - December 15, 1998 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 65O3 Page 5 - CITY OF POWAY - December 15, 1998 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. 6504 Page 6 - CITY OF POWAY - December 15, 1998 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. 65O5 Page 7 - CITY OF POWAY - December 15, 1998 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 6506