CC 1999 01-26 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JANUARY 26, 1999
The January 26, 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
Penny Riley
Bob Thomas
Javid Siminou
Ron Ballard
John Tenwolde
Steve Streeter
City Manager
City Clerk
City Attorney
Deputy City Manager
Director of Community Services
Acting Director of Engineering Services
Interim Director of Planning Services
Sheriff's Captain
Principal Planner
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Consent Calendar as follows:
4. Ratification of Warrant Registers for the period of January 4-8, 1999. (401-10)
Approval of Minutes - City Council
January 5, 1999 - Regular Meeting
January 7, 1999 - Adjourned Regular Meeting
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Adoption of Planning resolution No. P-99-05 - Approval of Comprehensive Sign
Program 98-04, Pomerado Distribution Center II, Applicant, for two buildings in a
multi-tenant complex located at 13250-13350 Gregg Street. (203-15)
Adoption of Planning Resolution No. P-99-06 - Approving Minor Development
Review 98-61, Hillside/Ridgeline, Jim Hyslop and Anne O'Dell, Applicants: A
request to construct a 2,850 square foot home and future tennis court on an 18.85
acre parcel located at 15450 Highway 67. (203-10)
9. Acceptance of the 1998-99 Crack Seal Program from RCSI. (602-01 #1245)
10. Appropriation of Funding for the 24th Year Community Development Block Grant
Housing Rehabilitation Program. (602-01 #1149)
10.1 Adoption of a Resolution No. 99-004 - Support for the Designation of Chula Vista
as a Site for a Future University of California Campus. (1506-04)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 510/INTERIM ORDINANCE
MORATORIUM ON ACCESSORY BUILDINGS
IN REAR YARD SETBACKS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox.
Council adopted Ordinance No. 509 on December 15, 1998 as an urgency measure. That
ordinance established a moratorium on the construction or placement of any accessory
building in excess of 6 feet in height within a residential rear yard setback area until final
action has been taken by the City Council on a study of the impacts of such structures.
The subject ordinance would extend Ordinance No. 509 for a period of 10 months and 15
days pursuant to Government Code Section 65858(a). If this extension is adopted, the
moratorium would expire on December 14, 1999 unless the study is completed prior to that
date or the moratorium is extended.
Speaking in opposition to the item was:
Dan Littrell, 13639 Rostrata Road.
City Attorney Eckis proposed the insertion of additional language to lessen the impact of
the Ordinance. The proposed language would allow items to go through during the
moratorium subject to the Minor Development Review Application or Conditional Use
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Permit process. Notice of applications would be sent only to adjoining property owners
(those whose property abuts the applicant).
General discussion ensued.
Motion by Deputy Mayor Emery, seconded by Mayor Cafagna to close the public hearing,
read the title, waive further reading and adopt Ordinance No. 510, entitled "An Ordinance
Extending Ordinance No. 509 Declaring a Partial Moratorium on Placement or Construction
of Accessory Buildings and Declaring the Urgency Thereof"; adding additional wording of
the City Attorney in Section 1: extended "as hereinaffer set forth" for a period... - Section
2: "Notwithstanding the above stated prohibition, it shall not be unlawful to place any
accessory building or structure within a residential rear yard setback if a Conditional Use
Permit or Minor Development Review Application is processed and approved therefor,
whether or not the Poway Municipal Code otherwise allows or requires such Conditional
Use Permit or Minor Development Review Application. The fee for such application shall
be $50." Motion carried 4-1 with Councilmember Higginson voting no.
ITEM 2 (203-08)
CONDITIONAL USE PERMIT 98-07
DEVELOPMENT REVIEW 98-29
VARIANCE 98-16
APPLICANT: SUNSHINE CARE LTD.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct a 16-unit/28 resident, assisted living facility on a .54 net acre lot
at 12695 Monte Vista Road. Variances are being requested for setback, parking .and
minimum lot size.
There was no one present wishing to be heard.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to close the public
hearing, issue a Negative Declaration and adopt Planning Resolution No. P-99-07, entitled,
"A Resolution of the City Council of the City of Poway, California Approving Conditional
Use Permit 98-07, Variance 98-16 and Development Review 98-29 Assessor's Parcel
Number 275-460-52." Motion carried unanimously.
ITEM 3 (203-14)
DEVELOPMENT REVIEW 98-24
VARIANCE 98-19
APPLICANT: CARL'S JR.
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Councilmember Rexford stated that she would be disqualifying herself from participating
on this item due to the close proximity of her residence. She then left the Council
Chambers.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to build a 3,100 square foot fast food restaurant in the Scripps Trident Center
located on the southwest corner of Scripps Poway Parkway and Pomerado Road. A 12
foot variance from the 50 foot landscape setback requirement along Scripps Poway
Parkway is also requested.
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-99-08, entitled, '% Resolution of the City
Council of the City of Poway, California Approving Development Review 98-24 and
Variance 98-19 Assessor's Parcel Number 320-200-43." Motion carried 4-1 with
Councilmember Rexford disqualified. Councilmember Rexford returned to the Council
Chambers.
CITY ATTORNEY ITEMS
12. City Attorney Eckis requested a Closed Session for Anticipated Litigation,
significant exposure to litigation pursuant to Government Code Section
54956.9(b); facts and circumstances must be disclosed pursuant to Section
54956.9(b)(3)(E); On May 21, 1998, the City Manager had a conversation with
John Shawen of Wet'n Wild regarding the City Council discussion of the property
held on May 12, 1998. During that conversation Mr. Shawen threatened suit
against the City if the matter could not be resolved. No report out is expected.
Attorney Eckis also stated that he had added the City to an Amicus Brief
regarding the Redevelopment Plan for the City of Mammoth Lakes.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
14.
Councilmember Goldby requested staff follow, report and support, a possible
Constitutional amendment to Proposition 218 that would reduce it from 2/3 vote to
a simple majority.
16A.
Councilmember Rexford reported that the San Dieguito River Park Joint Powers
Authority has requested the City join with the JPA, County and several coastal
communities in writing Governor Gray Davis seeking support of full funding, and
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increased funding in the future, for the California Coastal Commission. (1503-28)
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to adopt
Resolution No. 99-005, entitled, "A Resolution of the City Council of the City of
Poway, California Supporting Full Funding of the California Coastal Commission.
Motion carried unanimously.
17A.
Mayor Cafagna requested a Closed Session: for Public Employee Performance
Evaluation under Government Code Section 54957; Position Title: City Manager.
No report out is expected.
Mayor Cafagna then noted that the Old Coach Collection had received recognition
in Builder magazine and the Los Angeles Times for their receipt of the national
award for the country's best "Detached Community of the Year" and San Diego
County's Grand Award.
Additionally, he brought up the issue of helicopter operations at Miramar and
requested staff log all noise complaints related to the helicopter operations and
send a report to the Marine Corps on a regular basis. He also requested a
resolution be brought forward for Council consideration.
CLOSED SESSION
Mayor Cafagna adjourned the meeting into closed session at 7:50 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 10:07 p.m. with all Councilmembers
present and adjourned the meeting on motion by Councilmember Higginson, seconded by
Councilmember Goldby.
nne Peoples, City (~lerk
City of Poway
653O