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CC 1999 02-23 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 23, 1999 The February 23, 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. COUNClLMEMBERS 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 Peggy Stewart Bob Thomas Javid Siminou Ron Ballard Mark Sanchez Warren Shafer John Tenwolde Peter Moote Steve Streeter Jim Lyon Jennifer Monroe 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 Safety Services Director of Redevelopment Services Sheriffs Captain Deputy Director Administrative Services Principal Planner Assistant Planner Management Analyst PLEDGE OF ALLEGIANCE Troop 607 Presented the Colors and led the Pledge. PRESENTATION Mayor Cafagna presented a Proclamation declaring "Mentor Recruitment Day, March 2, 1999" and "Be a Mentor Week, March 1-5, 1999" to Cindy Hicks, Community Relations Assistant at the Poway Unified School District. Heard presentation by Lt. Colonel Bill Moog and Sheila Donovan on the process they will be taking with regard to creating military housing in Scripps Ranch. (203-13) 6552 Page 2 - CITY OF POWAY - February 23, 1999 PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Carol Anderson, 13001 Bowron Road, representing the So. Poway Voters Association read a letter into the record written by a resident of Poway Villas, Janet Renault, with regards to traffic speeds on Bowron Road. Donna Gunter, 2105 Toca, Ramona, President of Gunter Ds Inc. (tour bus company) expressed concerns with the timing of the lights at Scdpps Poway Parkway and Pomerado Road and her opinion that the 7 second yellow light was not sufficient for trucks/busses coming down the hills. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the Consent Calendar as follows: 7. Ratification of Warrant Register for the period of February 1-5, 1999. (401-10) o Approval of Minutes - City Council February 2, 1999 - Regular Meeting 10. Approval of Bill Cross as the Senior Issues Committee Chairperson. (701-09) 11. Approval of Final Map for Tract Map 97-03, Valencia; Approval of Agreement Relating to Public Improvements, and Adoption of Resolution for Annexation into Landscape Maintenance District 87-1 and City of Poway Lighting District, Zones A and C; D.R. Horton San Diego Holding Co., Inc., applicant. Project located at Pomerado Road at Stowe Drive. Adopted Resolution No. 99-011. (203-01) Motion carried unanimously. ITEM 1 (203-24) MINOR CONDITIONAL USE PERMIT 98-05 APPLICANT: SHEILA DUPUIS 6553 Page 3 - CITY OF POWAY - February 23, 1999 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This was a request to operate an Irish step dancing school in a building suite located at 13670 #E Danielson Street. The applicant has withdrawn her request. ITEM 2 (203-02) TENTATIVE PARCEL MAP 98-14 APPLICANT: ZIP LUCIDI Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide 190 acres into four pamels of 20 to 80 acres in size plus a 30 acre remainder at the northwest corner of Highway 67 and Poway Road. A continuance to March 2, 1999 has been received. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to continue the item to March 2, 1999. Motion carried unanimously. ITEM 3 (203-01) TENTATIVE TRACT MAP 98-05 APPLICANT: PARKWAY DEVELOPMENT III Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to subdivide 95 acres into 10 lots with 21 acres of open space at the southwest corner of Scripps Poway Parkway and Danielson Street. Rex Brown, representing McMillin Companies, 2727 Hoover Avenue, National City responded to questions of the Council. Councilmember Rexford inquired as to why contouring of the hillsides was not being complied with. Motion by Councilmember Higginson, seconded by Mayor Cafagna, to close the public hearing and adopt Planning Resolution No. P-99-16, entitled, "A Resolution of the City Council of the City of Poway, California Approving Tentative Tract Map 98-05 Assessor's Parcel Numbers 323-090-49,71 & 72; 323-482-08 through 11, 13-16; 323-490-01 through 05." Motion carried 3-2 with Councilmember Rexford and Deputy Mayor Emery voting no. ITEM 4 (203-01) HUNTINGTON GATE/ENTRANCE GATE APPLICANT: SAMANTHA MOORE 6554 Page 4 - CITY OF POWAY - February 23, 1999 Staff report by City Manager Bowersox. This is a request to provide staff with direCtion about the construction of a gate at the entrance to Huntington Gate, Units 1 & 2 on Huntington Gate Ddve, located just south of Del Poniente Road. A request has since been received from the applicant requesting a 60 day continuance to review altematives with the homeowners. The following people were present wishing to speak: Samantha Moore, 14914 Huntington Gate, support Dave Desch, 14994 Huntington Gate, oppose Henry Mandro for Richard Mastaler, 14913 Huntington Gate, support Debbie McBrearty, 13762 Vista Poniente, oppose William Angus II, 15135 Huntington Gate, oppose Debra Copozzoli, 15125 Huntington Gate, oppose Anita Province, 14963 Huntington Gate, support Nick Panda, 14893 Huntington Gate, support Sharon Brower, 14924 Huntington Gate, support Larry Kaye, 13844 Huntington Gate, support Pamela Skeen, 15034 Hat Creek, oppose Nancy Cipparone, 13886 San Sebastian, oppose Gene Cipparone, 13886 San Sebastian, oppose Claude Hashem, 15014 Huntington Gate, oppose Two additional speaker slips in opposition but not wishing to speak were submitted. City Attorney Eckis responded to an inquiry regarding the status of the street, stating that Huntington Gate has always been a public street, City maintained and policed by the Sheriff. If it were to be private, it would be vacated or returned to the property owners who would be responsible for all maintenance and law enforcement within their gated community. Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to remove this item from the docket to allow the homeowners time to meet and resolve their issues among themselves. Councilmember Higginson stated he would not be voting favorable as he is opposed to the gates. Motion carried 4-1 with Councilmember Higginson voting no. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to direct staff to evaluate traffic slowing devises (such as speed humps) and review traffic circulation near Tierra Bonita Elementary and Twin Peaks Middle School with the Poway Unified School District. Motion carried unanimously. 6555 Page 5 - CITY OF POWAY - February 23, 1999 ITEM 5 (205-04) STATUS OF GENERAL FUND BUDGET MIDYEAR BUDGET ADJUSTMENTS FOR 1998-99 Staff report by City Manager Bowersox. Council approved an amended Fiscal Year 1998- 99 Financial Program and established a General Fund Budget in which revenues exceeded expenditures by $550,749 on June 30, 1998. The Financial Program established an operating budget of $40,160,336 and a Redevelopment/Housing Services operating budget of $5,290,330. Additionally, the Program funded $4,765,610 for the City and Redevelopment Agency capital improvement projects. Upon extensive review of year-to-date revenue and expenditure activity, staff is projecting the fiscal year 1998-99 will close with a General Fund surplus of $1,574,275. The largest portion of this surplus is due to development fee revenues which will only be sustained during the rapid growth period of the business parks and the completion of the last two large residential projects in Poway. This is anticipated to occur over the next two to three years, therefore this revenue is short term in nature and should not be used to support ongoing operating expenditures. Property tax revenue is expected to be within two percent of the original projection which is an increase from prior year's actuals of 3%. Sales tax revenue increases to date are expected to exceed the original budget by approximately $300,000, a 5.99% increase. The General Fund expenditure level increases from an approved budget of $18,870,021 to $19,233,583 primarily due to Planning and Engineering contractual costs for development activities such as building inspection and plan check which are funded by increased revenues. Motion by Councilmember Goldby, seconded by Councilmember Higginson, to receive the report and adopt Resolution No. 99-012, entitled, '% Resolution of the City Council of the City of Poway, California Approving Midyear Budget Amendments for Fiscal Year 1998- 1999." Motion carried unanimously. ITEM 6 (203-11) REPORT QUINO CHECKERSPOT BUTTERFLY Staff report by City Manager Bowersox. This is an informational report concerning the endangered Quino Checkerspot Butterfly, as requested by the City Council. In January 1997 the "Quino" was listed on the endangered species list by the federal government 6556 Page 6 - CITY OF POWAY - February 23, 1999 which prohibits any "take" of the species or its habitat. The Quino is brightly colored with orange, black and white spotting and a wingspan of about one-inch in length. The City of Poway approved the Poway Subarea Habitat Conservation Plan (HOP) in August of 1995 which covers 85 species of plants and animals that are considered by the U.S. Fish and Wildlife Service and the California Department of Fish and Game as being either rare, threatened, endangered, or species of special concern. Due to lack of research data on the Quino, it was not included at that time. Staff submitted a letter to the agencies on December 1, 1998 requesting to begin the process to amend the HOP to cover this newly listed endangered species. They have not been notified as yet of the time line for amendment. Until such amendment is approved, compliance with the survey protocol and mitigation recommendations of the agencies are being followed prior to City issuance of clearing and/or grading permits to property owners. In the interim, staff is continuing to notify the public and project applicants about the Quino issue through a public information handout provided at the Planning Department counter and form letter to affected project applicants. Jim Nessel, Senior Planner responded to questions of the Council. Sherrie Barnett, Assistant Field Supervisor of the U.S. Department of Fish and Wildlife and Patrice Ashfield, Biologist, provided a brief overview of the Quino, its habitat, the conservation plan and protocol as well as responded to questions of the Council. Council concurred to receive and file the report. CITY ATTORNEY ITEMS 13A. City Attorney Eckis requested a closed session under Pending Litigation, Government Code Section 54956.9(a) Case: Poway Property Owners v. City of Poway, San Diego Superior Court Case No. 698367 and under Threat to 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 held 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 14A. Deputy Mayor Emery expressed his opinion that a perfectly good business, Kensington Coffee Company, had been driven out of town by inappropriate business practices. 6557 Page 7 - CITY OF POWAY - February 23, 1999 15. Councilmember Goldby requested staff look into increased enforcement of speed limits on Scripps Poway Parkway or the need to reduce it. 17. Councilmember Rexford requested increased traffic enforcement at Scripps Poway Parkway and Kirkham as well as Pomerado. 18A. Mayor Cafagna received concurrence from the City Council to hold a Pre- Development Conference for consideration of the building of a church and gymnasium on a 32 acre parcel located on Pomerado Road south of St. Michaels Church on March 4, 1999. (203-18) CLOSED SESSION Mayor Cafagna called for closed session as requested by the City Attorney at 9:35 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Cafagna called the meeting back to order at 10:20 p.m. and adjourned it on motion by Councilmember Rexford, seconded by Councilmember Goldby. Lori ~-nne P~oples, Cit~ ~l~k City of Poway 6558