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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. 6509 Page 2 - CITY OF POWAY - January 5, 1999 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) 6510 Page 3 - CITY OF POWAY - January 5, 1999 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. 6511 Page 4 - CITY OF POWAY - January 5, 1999 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 6512 Page 5 - CITY OF POWAY - January 5, 1999 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 6513 Page 6 - CITY OF POWAY - January 5, 1999 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. 6514 Page 7 - CITY OF POWAY - January 5, 1999 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 6515 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