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)
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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
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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
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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.
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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
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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.
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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
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