CC 1999 01-05 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JANUARY 5, 1999
The January 5, 1999, 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
Bob Thomas
Javid Siminou
Ron Ballard
Jim Howell
Warren Sharer
John Tenwolde
Penny Riley
Steve Streeter
Scott Nespor
City Manager
City Clerk
City Attorney
Director of Community Services
Acting Director of Engineering Services
Interim Director of Public Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Captain
Assistant to the City Manager
Principal Planner
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATION
Mayor Cafagna presented 10 year service awards to Engineering Services Inspector,
Roger Trefry and Water Utilities Manager, Douglas Hilliker.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
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CONSENT CALENDAR
Councilmember Goldby stated that he would be voting no on Item 15. Motion by Deputy
Mayor Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as
follows:
Ratification of Warrant Registers for the period of November 30 to December 4 and
December 7 to December 11, 1998. (401-10)
Approval of Minutes - City Council
December 8, 1998 - Regular Meeting
December 15, 1998 - Regular Meeting
December 22, 1998 - Canceled Regular Meeting
December 29, 1998 - Canceled Regular Meeting
8. Approval of Investment Report through November 30, 1998.
(408-01 )
9. Rejection of Claim for Damages: Gerald A. Kegley.
(704-13)
10. Adoption of Resolution No. 99-001 - Establishing Stop Controls on Poway Mesa
Drive at Hillndale Way. (1160-01 )
11. Adoption of Resolution No. 99-002 - Establishing Yield Controls on Orange Blossom
Lane at Midland Road. (1160-01 )
12.
Approval of Engineering Agreement Between the City of Poway/Poway
Redevelopment Agency and Christian Wheeler Engineering for Geotechnical
Services for January 6, 1999 through January 30, 2001. (602-01 #1300)
13. Approval of Parcel Map for Tentative Parcel Map 96-02: Michael and June Greer,
applicants. Division of 10 acres into 4 parcels at 15148 Markar Road. (203-02)
14.
Adoption of Resolution No. 99-003 - Ordering the Summary Vacation of a Portion
of an Open Space Easement in Lots 2 and 3 of City of Poway Tract No. 89-01, Map
No. 12975. Donald and Kathleen Mechling, applicants. (TPM 98-10) (1002-06)
15.
Approval to place Information Banner concerning Proposition L, the Community
Library Enhancement Ordinance in the Poway Community Library Courtyard.
(702-00)
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16. Approval of the appointment of Barbara Lerma as Chairperson to the Performing
Arts Advisory Committee. (701-09)
17.
Approval of a one-year Lease Agreement between the City of Poway and Old
Poway Village, L.L.C. for the use of a vacant lot at the southwest comer of Midland
Road and Temple Street for a City-Sponsored Farmers Market. (602-01 #1301)
18. Approval of an Evaluation of a Community Contribution Request of $1250 from
Campus Life for educational brochures. (1180-05)
19.
Consent to Assignment of a commercial lease for the Hamburger Factory
Restaurant from Joseph and Lisa Lucidi to a limited liability company known as
Hamburger Factory, L.L.C. and Approval of Lease Amendment containing the
necessary modifications. (602-01 #967)
20. Approval of Professional/Technical Intern Salary Establishment.
(502-01)
20.1
Agency Consideration of the Sale of the Redevelopment Agency Property Located
at the Northwest Corner of Poway and Midland Roads, Commonly Known as
Henry's Marketplace, to Dennis Ragen for $2,100,000 (APN 317-130-31 ).
(1002-03)
20.2 Appropriation of Additional Funds forthe Various Storm Drain Improvements Project
(#1429). (602-01 #1287)
Motion carried unanimously (except Item 15 - Councilmember Goldby "no").
ITEM 1 (203-02)
TENTATIVE PARCEL MAP 98-16
APPLICANT: TISCOR
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
This is a request to divide a 2.07 acre lot into two parcels at 12250 Parkway Centre'
Drive.
There was no one present wishing to be heard.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public
hearing and adopt Planning Resolution No. P-99-01, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Tentative Parcel Map 98-16, Assesso¢s
Parcel Number 317-280-54." Motion carried unanimously.
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ITEM 2 (602-01 #1299)
1999-2004 HOUSING ELEMENT
REBA WRIGHT-QUASTLER
Introduction by Mayor Cafagna. Staff report by City Manager Bowersox. This report
concerns the preparation of the 1999-2004 Housing Element in accordance with state law.
Ms. Wright-Quastler served as the Planning Services Director for the City of Poway for
neady 13 years and has worked on modifications to state legislation concerning housing
elements. She also served as the staff representative to the SANDAG Housing Element
Advisory Committee and to the SANDAG Regional Growth Management Technical
Committee which had a role in determining the regional share numbers. Because of her
background in both housing legislation and City policy, it is recommended that a contract
be awarded to her to prepare the 1999-2004 housing element. The 1997-98 budget
includes $20,000, an additional appropriation of $7,600 from the General Fund reserve is
required.
Motion by Councilmember Rexford, seconded by Mayor Cafagna, to authorize the City
Manager to enter into a contract and appropriate the additional funds. Motion carried 4-1
with Deputy Mayor Emery voting no.
ITEM 4 (203-01)
TENTATIVE TRACT MAP 89-13R
OLD COACH COLLECTION/STONERIDGE BUFFER
Introduction by Mayor Cafagna. Staff report by City Manager Bowersox. The EIR and
Specific Plan prepared for the Old Coach project refer to a "buffer" area between their
project and the existing StoneRidge homes. The buffer was not defined in either document
nor is there a written statement of what will or will not be allowed in these areas. Prohibited
uses were intended to be play courts, children's play structures and other accessory
structures. It was not intended to protect views. Staff took care to ensure that building
pads were kept at least 50 feet from adjacent StoneRidge properties, but no easement or
other restriction was placed on that 50 feet. Many StoneRidge residents who attended
community meetings concerning the proposed Old Coach project, had stricter ideas of
what the "buffer" would be. Some thought it would be public land, others thought it
provided protection from their views being blocked. When staff became aware of the
discrepancy between the plan and the understanding of the StoneRidge neighbors in
March of 1998, the documents were reviewed and a letter prepared to all residents which
abut both developments. The letter outlined the intent of the buffer, based on the only
exhibit in the plan that shows the buffer area. Staff stated that it was not the intent to limit
landscaping. This is consistent with past City practice. This was not acceptable to some
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of the residents in StoneRidge and one resident in Old Coach. Further, staff was advised
by the City Attorney that because the Specific Plan had been adopted by resolution rather
than ordinance, its provisions could not be enfomed beyond the initial construction. In
August, staff met with the affected residents to discuss the issue and specific concerns.
On August 21 a summary of that meeting was sent to the residents.
Twenty two of the Old Coach Collection lots have a common property line with lots in
StoneRidge. Sixty two of the StoneRidge Homes have a common property line with the
Old Coach Collection. Of these, 13 StoneRidge homes are adjacent to an 18' SDG&E
easement and 7 are adjacent to a 30' City water easement. Both of these easements
preclude the placement of permanent structures. This report proposes the following
options:
1. Buffer Easement. An easement over 7 unsold Old Coach Collection lots which will
provide the intended buffer for 15 of the StoneRidge lots.
2. SDG&E Easement. SDG&E has stated they are only able to prohibit things which
restrict their access to their lines. They have indicated they will not allow permanent
structures or trees in the easement area, however they will permit fencing, as long as gates
to which they have access are provided and landscaping if it does not prevent their serving
their lines.
3. Water Easement. Seven of the StoneRidge residents are adjacent to a water easement
which precludes structures over the rear thirty feet of the lots in the Old Coach Collection.
4. Old Coach Collection Home Owners Association. The Association agreed that they
would make the concerns of the StoneRidge homeowners clear to their members and
request they be considerate when planning their landscaping and structural additions.
5. Condemnation of Easement. The City Attorney's opinion is that the City may only use
its power of condemnation to obtain an easement when that easement is for a public
purpose. The City could not obtain a buffer easement by condemnation because it only
benefits private property owners. It might be possible to obtain a trail easement but it
would need to connect into the general trails system. In areas where there are utility
easement, trails would not provide any additional separation and they would allow public
access along the rear yards of the homes which may not be welcomed by property owners
in either Old Coach or StoneRidge.
6. View Protection Ordinance. The City could adopt a view protection ordinance which
would regulate structures and/or landscaping which impacts another property owner's view.
Such an ordinance would have to be City-wide. It would be difficult to enforce, especially
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if vegetation is regulated, pitting one property owner's ability to plant what they want on
their property against the interests of another in protecting their view. It also has the
potential to result in the loss of mature trees if they grow into the view corridor of another
property owner, and places the Council in the position of having to define what constitutes
a view on a case by case basis. If such an ordinance is adopted, it could not be
retroactively applied to the Old Coach homes.
7. Minor Development Review and Building Permits for Accessory_ Structures. At the
December 15, 1998 meeting, the City Council discussed options of requiring Minor
Development Reviews and/or building permits for accessory structures in the rear setback
areas. It is within the power of the Council to require either type of permit, building permits,
however are ministerial and must be granted as long as the construction requirements of
the Uniform Building Code are complied with. Thus, this would not be an effective means
of addressing the concerns of this case. Minor Development Review approval would be
a more effective means, because it involves notification to neighbors and consideration of
impacts on adjacent properties. The discretion allowed in these decisions is not without
limits, however and the MDR process would pose an inconvenience on many property
owners.
Staff is recommending the Council review and file the report and approve the easement
for recordation on lots 1-4, 15, 73 and 74 of the Old Coach Collection.
Those present speaking in opposition to the staff recommendation:
Bevedy Rossio, 13823 Tam O'Shanter Court.
Bob Bowser, 13817 Tam O'Shanter Court
Gary Rossio, 13823 Tam O'Shanter Court
Lane Freestone, 17421 Tam O'Shanter Court
Pete Ellis, 13831 Tam O'Shanter Court
General discussion ensued.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to approve the
easement for recordation on lots 1-4, 15, 73 and 74 of the Old Coach Collection and direct
staff to continue to review the possibility of a buffer zone, riding/hiking trails and site
specific view corridor ordinance. Motion carried unanimously.
CITY MANAGER ITEMS
City Manager Bowersox introduced and welcomed Interim Planning Director Ron Ballard.
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He then announced that the first Poway baby born at Pomerado Hospital in 1999 was a
boy named Andrew William Sanford, 5 pounds, 4 ounces at 11:48 a.m., on January 2nd
to Ed and Christine Sanford.
CiTY ATTORNEY ITEMS
22.
City Attomey Eckis requested a closed session for conference with the City Council
on existing litigation in accordance with Government Code Section 54956.9(a) in the
case of Poway Redevelopment Agency vs Wilcots, Municipal Court No. 072929.
CLOSED SESSION
Mayor Cafagna adjourned to Closed Session at 8:15 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:38 p.m. and stated that Council 'had
instructed the City Attorney not to appeal the case.
ADJOURNMENT
On motion by Councilmember Rexford, seconded by Councilmember Goldby, Mayor
Cafagna adjourned the meeting at 8:40 p.m.
Lori ~,nne 15eoples, City Clerk - --
City of Poway
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NO TICE
NOTICE IS HEREBY GIVEN THAT THE JANUARY 5, 1999, REGULAR MEETING OF
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED
PURSUANT TO THE FOLLOWING ORDER:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Rexford,
seconded by Councilmember Goldby, Mayor
Cafagna ordered the meeting adjourned to
Thursday, January 7, 1999 at 6:00 p.m.
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time of
adjournment was 8:40 p.m.
~ri~,nne Peoples, City C~erk
City of Poway, California
Dated: January 6, 1999
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of the above
notice was posted on or near the door of the City Council Chambers, the place
designated for regular meetings of the City Council at approximately 10:00 a.m.
Dated at Poway, California, on January 6, 1999
City of Poway, California