CC 1999 02-02 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 2, 1999
The February 2, 1999, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Deputy Mayor Emery at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Penny Riley
Peggy Stewart
Bob Thomas
Javid Siminou
Ron Ballard
Jim Howell
Warren Shafer
Leonard Zuniga
Steve Streeter
Marijo VanDyke
Scott Nespor
City Manager
City Clerk
City Attorney
Deputy City Manager
Director of Administrative Services
Director of Community Services
Acting Director of Engineering Services
Interim Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Lieutenant
Principal Planner
Associate Planner
Management Assistant
PLEDGE OF ALLEGIANCE
Councilmember Goldby led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Emery explained the procedure for Public Oral Communications. There was
no one present wishing to speak.
6531
Page 2 - CITY OF POWAY - February 2, 1999
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Rex'ford, to approve the
Consent Calendar as follows:
6. Ratification of Warrant Register for the period of January 11-15, 1999. (401-10)
Approval of Minutes - City Council
January 12, 1999 - Regular Meeting
9.* Approval of Investment Report through December 31, 1998. (408~01)
(continued to February 9, 1999)
10.
Award of Bid to Sapper Construction for the 1998-99 Pedestrian Ramp Program
(#1262) in the amount of $48,990. (602-01 #1305)
11.
Acceptance of the Poway Fire Station Bathrooms and the City Clerk's Office
Remodel Project (#1528A) from Dale Atkins Contractor. (602-01 #1269)
11.1
Consideration of an Exclusive Right to Negotiate Agreement with Old Poway Village
LLC. for the Purchase of Property Owned by the Redevelopment Agency (APNs
317-193-39, 40, 41; 314-220-02, 03; and 314-202-42). (602-01 # 284R)
11.2 Amendment to Employment Agreement with James L. Bowersox, City Manager,
effective January 1, 1999. (602-01 #029)
11.3
Approval of Position on Pending Legislation: Support SB 10 - Storm Repair: Local
Streets and Highways; Support AB 3, AB 4 and SB 31 - Murder: Special
Circumstances ("Matthew's Law"). (701.11 )
ITEM 1 (203-01)
ENVIRONMENTAL ASSESSMENT
TENTATIVE TRACT MAP 98-06
TOPMARK COMMUNITIES
Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox.
This is a request to subdivide an 8.16 acre property into 26 single-family lots at the
southwest corner of Midland Road and Twin Peaks Road.
6532
Page 3 - CITY OF POWAY - February 2, 1999
Speaking to the item were:
Reinhold Fritzohn, 14458 Midland Road, spoke in support with added conditions
regarding an agreement made with the developer to plant trees and shrubs and provide
access for him to maintain and water them if he deem it necessary along his property.
Richard Vigil, 14444 Hillndale Way, opposed to increased density.
Stephen Delaney, 12520 High Bluff Drive, San Diego, applicant spoke in support.
Fred Zuill, 13636 Outlook Road, expressed concerns with increased traffic and lack
of visibility when exiting his property.
Joy Pal~, 13671 Tierra Bonita (owns house on York also), expressed concems with
drainage.
Lorraine Masi, 13626 Outlook Road, expressed concerns with traffic visibility safety
and density.
Morris Morgentaler, 13515 Maryearl Place, opposed any development in Poway.
Barbara Vessetti and David Knott (son), 13558 Aubrey Street, expressed concerns
with drainage.
Michael Rothbert, 14441 Range Park Road, expressed concerns with drainage.
City Manager Bowersox responded to questions of the Council and estimated that 60
percent of the City of Poway remains open space. He also stated that conversations had
been held between the adjoining property owners and the developer with regards to slope
maintenance stating that a condition could be added to provide for long term maintenance
in perpetuity. A condition to address the concerns regarding the visibility when exiting
Outlook Road could also be added requiring the developer to improve the intersection to
the satisfaction of the Traffic Engineer and Director of Engineering Services.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the
public hearing. Motion carried 4-0, with Mayor Cafagna absent.
Motion by Councilmember Higginson, seconded by Councilmember Rexford to issue a
Negative Declaration and adopt Planning Resolution No. P-99-09, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Tentative Tract Map 98-06
Assessor's Parcel Number 314-194-49 and 52" with the added conditions regarding the
6533
Page 4 - CITY OF POWAY - February 2, 1999
Fritzohn property, slope maintenance and visibility at the intersection of Outlook and
Midland Road. Motion carried 4-0 with Mayor Cafagna absent.
Council requested staff to continue to study flooding issues in the area.
ITEM 2 (203-21)
SPECIFIC PLAN AMENDMENT 84-01 "OO"
APPLICANT: GEICO/HILLYER & IRWIN
Deputy Mayor Emery opened the public hearing. Staff report by City Manager Bowersox.
This is a request for a Specific Plan Amendment to allow a third wall sign on the facility.
There was no one present wishing to be heard.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 99-006, entitled, "A Resolution of the City Council
of the City of Poway, Califomia Amending the South Poway Specific Plan to Allow a Third
Wall Sign for GEICO, Specific Plan Amendment (SPA 84-01 ""OO") APN: 323-482-01,02,
05, 06: 323-481-07, 09." Motion carried 4-0 with Mayor Cafagna absent.
ITEM 3 (203-08)
CONDITIONAL USE PERMIT 98-08
DEVELOPMENT REVIEW 98-33
APPLICANT: STATEWIDE SAFETY & SIGNS
Deputy Mayor Emery opened the public headng. Staff report by City Manager Bowersox.
This is a request to construct a 5,740 square foot storage warehouse, office and outside
storage on a .838 acre lot at 13755 Blaisdell Place. (Lot 37 of TM 87-13 in South Poway
Industrial Park).
There was no one present wishing to be heard.
Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the
public headng and adopt Resolution No. P-99-10, entitled, "A Resolution of the City Council
of the City of Poway, California Approving Conditional Use Permit 98-08 and Development
Review 98-33 Assessor's Parcel Number 317-810-147' Motion carried 4-0 with Mayor
Cafagna absent.
6534
Page 5 - CITY OF POWAY - February 2, 1999
ITEM 4 (203-14)
DEVELOPMENT REVIEW 98-13
APPLICANT: CHEVRON
Councilmember Rexford stated that she would disqualify herself from participation on this
item due to the close proximity with her residence. She then left the dias.
Staff report by City Manager Bowersox. This is a request to build a 2,929 sq. ft.
convenience store and 3,230 sq. ft. canopy on a 1.21 acre pad within the Scripps Trident
Center at the southwest corner of Scripps Poway Parkway and Pomerado Road.
There was no one present wishing to be heard.
Motion by Councilmember Goldby, seconded by Councilmember Higginson, to adopt
Planning Resolution No. P-99-11, entitled, "A Resolution of the City Council of the City of
Poway, California Approving Development Review 98-31 Assessor's Pamel Number 320-
200-34 (portion)." Motion carried 3-0 with Councilmember Rexford disqualified and Mayor
Cafagna absent.
ITEM 5 (203-15)
NON-CONFORMING SIGN
14010 POWAY ROAD
APPLICANT: TED MOUNT
Staff report by City Manager Bowersox. Mr. Mount approached the Planning Services
Department about allowing the freestanding sign to remain. A letter had been sent in
October 1998 by the Planning Director outlining the City's position that the sign must be
taken down or modified to meet current sign code standards i.e. a monument sign of up
to 8 feet in height.
Speaking in opposition to staff recommendation:
Ted Mount, 147 S. Vinewood Street, Escondido
David DeConcini, 12627 Rue Sienne Nord, San Diego (current property owner)
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to direct the
applicant to take down the freestanding sign or modify it to meet current code standards,
i.e. a monument sign of up to 8 feet in height. Motion carried 4-0 with Mayor Cafagna
absent.
6535
Page 6 - CITY OF POWAY - February 2, 1999
5.1 (203-05)
EMERGENCY - SUSPENDING BID
BILL BOND HALL (P79-18M)
Staff report by City Manager Bowersox. On January 13, 1999 the Building Division
Manager wrote a memorandum informing the Public Services Department that the
structural integrity of Bill Bond Hall's ceiling at the Weingart Senior Center was unsafe and
that public access needed to be restricted. Use of the hall is critical in the support of the
senior programs and substitute facilities are not available. Therefore, this incident qualifies
as an emergency. Subsequent to the notice, the Department secured the services of a
construction inspector to identify the damages and a structural engineer to recommend
immediate and necessary repairs.
Speaking in support was:
Bill Cross, 13105 Corona Way.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to authorize the
City Manager to make emergency repairs to Bill Bond Hall to protect the public health and
welfare of the City and adopt Resolution No. 99-007, entitled, "A Resolution of the City
Council of the City of Poway, California Finding and Declaring the Existence of an
Emergency Within the City and Suspending Notice and Bidding Requirements In
Connection With Repairs Required Thereby." Motion carried 4-0 with Mayor Cafagna
absent.
CITY ATTORNEY ITEMS
13.
City Attorney Eckis requested a Closed Session for Threatened 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.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
14.
Deputy Mayor Emery requested the February 11, 1999 workshop items be
continued to Thursday, February 18, 1999 or placed on a regular Council agenda
when all members would be present.
15. Councilmember Goldby requested staff look into citizen complaints on 911 calls.
6536
Page 7 - CITY OF POWAY - February 2, 1999
16.
Councilmember Rexford spoke of an accident on Scripps Poway Parkway where
numerous people using cell phones called 911 were told Poway did not have a
Police Department but were not referred to the Shedff. She requested staff look into
the dispatch system for cell phones (California Highway Patrol) and make sure they
have correct information.
CLOSED SESSION
Deputy Mayor Emery adjourned the meeting into closed session at 8:50 p.m.
CALL TO ORDER AND ADJOURNMENT
Deputy Mayor Emery called the meeting back to order at 9:05 p.m. with all
Councilmembers present and adjourned the meeting on motion by Councilmember
Rexford, seconded by Councilmember Goldby.
'L~ri ~,nne Peoples;(~it~ Clerk
City of Poway
6537