CC 1999 03-09 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 9, 1999
The March 9, 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, Don Higginson, Jay Goldby, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Penny Riley
Peggy Stewart
Javid Siminou
Ron Ballard
Warren Sharer
Mark Sanchez
Jim Bentz
Leonard Zuniga
Steve Streeter
Jennifer Monroe
City Manager
City Clerk
City Attorney
Deputy City Manager
Director of Administrative Services
Acting Director of Engineering Services
Interim Director of Planning Services
Director of Redevelopment Services
Director of Safety Services
Community Services Manager
Sheriff's Lieutenant
Principal Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna, assisted by Park Ranger Jane Engleton (Reserve Park Ranger Trainer),
presented Certificates and Badges to the 11th Graduating Class of Reserve Park Rangers:
Jerry Paras, Brian D. Miller, Carmello Puliafico, Irvin Archuleta, Ernest Lord, Margaret
Shelton, Tim Anderson, David McMullen, Jason Dean, Mary Ann Callan, Susan Ridson.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
persons were present wishing to speak:
6565
Page 2 - CITY OF POWAY - March 9, 1999
John Mclver, 14930 Crocker Road, introduced himself and stated he was present as a
representative of the Poway Chamber of Commerce.
Chris and Nashim Weixelman, 13186 Treecrest Street, representing the Local Spiritual
Assembly of the Baha'is of Poway, presented the Mayor and Council with a book on the
equality of men and women.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Consent Calendar as follows:
4. Ratification of Warrant Register for the period of February 15-19, 1999. (401-10)
Approval of Minutes - City Council
February 16, 1999 - Regular Meeting
February 18, 1999 - Adjourned Regular Meeting
7. Approval of Comprehensive Annual Financial Report for FY 1997-98. (406-02)
8. Rejection of Claims for Damages: a) Zoltan Nagy; b) Gary L. Chiles (704-13)
Adoption of Resolution No. P-99-18 - Comprehensive Sign Program CSP 99-01,
William Roskowski, Applicant: A request to approve a comprehensive sign program
for a light industrial building at 13670 Danielson Street. (203-15)
10.
Award of Bid for Purchase of a 1999 Truck-Mounted Vactor Sewer/Drainage
Cleaning Machine from Haaker Equipment Company in the amount of $211,376.
(601-03)
10.1
Approval of Positions on Pending Legislation: Oppose AB 83 - Home Based
Businesses, Exemption from Local Regulation, Taxation; Support AB 304 - Property
Tax Return; Oppose SB 402 - Employer-Employee Relations, Peace Officers and
Firefighters; Oppose SB 300 - Repeal of Landgate v. California Coastal
Commission; and Oppose SB 16 - Public Works, Prevailing Wage. (701-11 )
10.2 Approval of a $150 Community Contribution for Twin Peaks 8th Grade Basketball
Tournament. (1180-05)
Motion carried unanimously.
6566
Page 3 - CITY OF POWAY - March 9, 1999
ITEM lA (602-01 #286R)
OWNER PARTICIPATION AGREEMENT
PARKWAY DEVELOPMENT III
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Director of Redevelopment Services Shafer. This agreement, if approved,
provides a maximum of $8.5 million in Agency assistance, which would be generated solely
by the Tax Increment from the site. The site was originally known as Tech Business Centre
(TTM 89-08), and its developers entered into an OPA with the Agency on November 27,
1990. The site is about 28 acres of unfinished land and abuts the portion of Parkway
Business Centre (PBC) Phase II that is located south of the Scdpps Poway Parkway. The
PBC owners have acquired the site and processed a -I-I'M to develop it in conjunction with
their property. Development of this site is critical to the success of the other PBC sites in
the extension of the sewer, water, electric and street grading. However, without Agency
assistance, the cost of developing this site, revenue projected from the sale of finished lots,
and financing sources available, the project is economically infeasible.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public
headng and adopt Resolution No. 99-014, entitled, "A Resolution of the City Council of the
City of Poway, California Approving Expenditures for Public Improvements Pursuant to An
Owner Participation Agreement By and Between the Poway Redevelopment Agency and
Parkway Development III and Making Certain Findings In Conjunction Therewith," and
Resolution No. R-99-17, entitled, "A Resolution of the Poway Redevelopment Agency
Approving an Owner Participation Agreement By and Between the Poway Redevelopment
Agency and Parkway Development III and Making Certain Findings In Connection
Therewith." Motion carried unanimously.
ITEM 1 (203-02)
TENTATIVE PARCEL MAP 98-17
APPLICANT: STOWE PROPERTIES LLC
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to divide a 2.5 acre lot into 4 parcels located at the northwest corner of Scripps
Poway Parkway and Stowe Drive.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public
hearing and adopt Planning Resolution No. P-99-19, entitled, "A Resolution of the City
6567
Page 4 - CITY OF POWAY - March 9, 1999
Council of the City of Poway, Califomia Approving Tentative Parcel Map 98-17 Assessor's
Parcel Number 323-090-64." Motion carried unanimously.
ITEM 2 (203-01)
TENTATIVE TRACT MAP 89-09 REVISED
APPLICANT: ROBERT WILLIAMS
Mayor Cafagna opened the public hearing and stated that he would be disqualifying
himself from participation in this item due to his ownership of real property located at 13771
Vista Poniente. Staff report by City Manager Bowersox. This is a request for a two year
time extension for a previously approved tentative tract map. It is recommended that the
Council continue this item until March 23, 1999 at the request of the applicant.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to continue the
item to March 23, 1999. Motion carried 4-0 with Mayor Cafagna disqualified.
ITEM 3 (301-03)
PROCESS FOR LEGAL NOTICING
Staff report by City Manager Bowersox. Council requested a report on the current process
utilized in sending a legal notice for a public hearing or meeting of similar purpose, and
various mailing options utilizing an accountable mailing system.
Councilmember Goldby stated he felt a real problem exists and there is a need for
evidence via certified notification.
Councilmember Rexford requested the envelopes be printed with red letters rather than
the traditional black screen.
Council concurred to receive and file the item with the color of the ink to be changed to red
in the future.
ITEM 3.1 (203-21)
POWAY ROAD SPECIFIC PLAN
TOWN CENTER DISTRICT
Staff report by City Manager Bowersox. A gasoline station has existed on the northwest
comer of Poway and Community Road since the eady 1950's. Poway Road serves as the
main commercial corridor through the City. In May 1996, the City Council adopted the
6568
Page 5 - CITY OF POWAY - March 9, 1999
Poway Road Specific Plan which created four new land use classifications. The corner of
Poway and Community Road is the Town Center District and was designed to promote a
community-wide identity and a sense of place by unifying commercial, office and
governmental structures and functions. Under the current zoning regulations for the Town
Center District, new or modified gasoline stations require the approval of a conditional use
permit. Automotive related uses, such as gasoline stations and repair facilities, are
encouraged in the neighboring Automotive General Commercial zone to the east. In this
particular case, should the City decide not to support a CUP application, the owner would
be permitted to continue the operation of the facility in its present configuration. If the
Council were to determine that gasoline stations and other automotive related uses were
not consistent with the goals of the Poway Road Specific Plan, they could direct staff to
prepare a Zoning Ordinance amendment to preclude them from the Town Center District
which would prevent all new stations from locating within the downtown area.
The following persons were present wishing to speak:
Kurt Buehler, 30101 Agoura Court #200, Agoura Hills, representing US Petroleum
Corporation stated that his company was interested in acquiring the site and remodeling
it to meet the architectural guidelines of the Town Center District.
Don Brannon, 5574 Riviera, son of current owner, Golden State Gasoline, expressed his
views that a gas station was the only viable use of the site.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to direct staff to
recommend denial for conditional use permit applications for gasoline stations or
automotive repair facilities in the Town Center District, and to amend the Poway Municipal
Code to prohibit same. Motion carried 4-0 with Councilmember Goldby voting no.
ITEM 3.2 (401-13)
APPROPRIATION OF FUNDS
FIRE DEPARTMENT NEEDS ASSESSMENT
Staff report by City Manager Bowersox. Since incorporation in 1980, the Department of
Safety Services, under direction of the City of Poway, has provided emergency service
delivery with the same number of resources, two fire engines and one ambulance, even
though the population has increased from 13,971 to 47,094. A prudent approach to
analyzing a master plan to address any deficiencies would be in the form of a needs
assessment conducted by a consultant. The scope of the work would be defined and a
Request for Proposal, designed to maximize the report's value as a template for future
planning would be prepared by the department. Based on City experience, approximately,
$40,000 will be necessary to complete the proposed assessment. The Firefighters
6569
Page 6 - CITY OF POWAY - March 9, 1999
Association and all employees will be involved.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to appropriate
$40,000 from the General Fund Reserve and direct staffto prepare a Request for Preposal
for a consultant to conduce the needs assessment. Motion carried unanimously.
CITY ATTORNEY ITEMS
12.
City Attorney Eckis noted a recent change in the rule for disqualification frem
participation on an agenda item. Council must state the reason, such as owning
real preperty, giving the address, that abuts the property to be discussed.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
13.
Deputy Mayor Emery requested the Council PA system be repaired or upgreded as
it is difficult to hear what is said by speakers during the meeting, especially when
the room is full and the HVAC system is running.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:11p.m. on motion by Councilmember
Higginson, seconded by Councilmember Rexford.
Lor~ Anne Peoples, City (~ler~
City of Poway
657O