CC 1999 04-13 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 13, 1999
The April 13, 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
Peggy Stewart
Bob Thomas
Niall Fritz
Javid Siminou
Ron Ballard
Jim Howell
Warren Shafer
Mike Hubert
Leonard Zuniga
Peter Moote
Sherrie Worrell
Steve Streeter
Marijo VanDyke
Jennifer Monroe
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Acting Director of Engineering Services
Interim Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Safety Services Division Chief
Sheriffs Lieutenant
Deputy Director of Administrative Services
Deputy City Clerk
Principal Planner
Associate Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented Employee Service Awards to the following: Jim Bentz,
Community Services Manager - 25 years; Elliott Hunter, Fire Engineer - 15 years; Richard
Tallman, Fire Engineer - 15 years; Mark Bdnton, Equipment Mechanic - 10 years; Carlton
Hodges, Facilities/Construction Maintenance Worker - 10 years.
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Mayor Cafagna then presented Proclamations declaring April 14, 1999 as Kick Butts Day
to Lauren Bille and Kelsey Scott of the Safety Wellness Advocacy Coalition Student
Advisory Board and declaring April 17, 1999 as "Earth Day" and "Arbor Day" to Director of
Public Services Jim Howell.
PUBLIC ORAL COMMUNICATIONS
Mike Neufeld of the Poway Chamber of Commerce provided Council with updates on the
Poway Map and Business Expo.
CONSENT CALENDAR
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
Ratification of Warrant Register for the periods of March 15-19 and 22-26, 1999.
(401-10)
Approval of Minutes - City Council
March 16, 1999 - Regular Meeting
March 23, 1999 - Regular Meeting
March 30, 1999 - Regular Meeting
April 6, 1999 - Canceled Meeting
10.
Approval of Minutes - Public Financing Authority
March 30, 1999 - Regular Meeting
11.
Authorization to purchase a 1999 Toro Groundsmaster 3000-D 2WD Riding Mower
from California Turf in the amount of $23,998.42. (601-03)
12.
Appropriation of $41,761 in Funding for the 24th Year Community Development
Block Grant (CDBG) - Poinsettia Senior Mobile Home Park Recreation Building
Americans with Disabilities Act (ADA) Retrofit Project. (401-30)
13.
Acceptance of Status Report on the Year 2000 Impacts to City Computer and
Control Systems. (204-02)
14. Acceptance of the Various Storm Drain Improvements from Kay Construction Co.
(602-01 #1287)
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15. Acceptance of Wash Rack Purchase and Installation Project from Supedor Cleaning
Equipment, Inc. (602-01 #1264)
16. Approval of Proposed Class Specification of City Engineer.
(503-03)
16.1
Approval of Positions on Pending Legislation: Support AB 1612: Storm Repair:
Local Streets and Highways, AB 1475: Highways: Safe Routes to School Program;
Oppose SB 739: Local Government Labor Relations Improvement Act of 1999, SB
153: Private Property Takings Analysis, SB 1200: Disabled Access to Public
Accommodations (Drive-Thrus), SB 1190: Redevelopment- Low-and Moderate-
Income Housing Funds, SB 498: Public Employees Retirement, Maximum
Allowance and AB 1411: Firefighters Procedural Bill of Rights. (701-11)
ITEM 1 (203-10)
MINOR DEVELOPMENT REVIEW 98-115
APPLICANT: JACK KIRKER
Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This
is a request to construct a 4,021 square foot home 32 feet in height on a one acre lot at
17750 Valle Verde Road. Staff approved the MDRA. A neighbor appealed the staff
approval with concerns that the project does not meet their neighborhood development
standards and will block their views. Staff initially supported the appeal but is now of the
opinion that its original concerns have been sufficiently addressed and recommends the
approval be upheld.
The following persons were present speaking in opposition to staff recommendation:
Cheryl Roddy, 17759 Valle Verde
Ken Moeller, 1831 Avenida Josefa, Encinitas (Architect for the Roddy's)
Michael Roddy, 17759 Valle Verde
The following persons were present speaking in support of staff recommendation:
Gaby Sulpizio, 12912 Lomas Verdes Drive (Lomas Verdes Homeowners Assn.)
Sharon Swildens, 13310 Starmount Way (Lomas Verdes Homeowners Assn.)
Daniel Martorella, 4612 Park Blvd., San Diego (Attorney for Mr. Kirker)
Denzil Lee, 31242 Orange Avenue, Nuevo (Architect for Mr. Kirker)
Jan Kerr, 17743 Valle Verde stated she was not notified by the Lomas Verdes
Homeowners Association.
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Motion by Councilmember Higginson, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution upholding staff approval of Minor Development
Review 98-115. Motion failed 3-2 with Deputy Mayor Emery, Councilmember Rexford and
Councilmember Goldby voting "no."
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to continue the item
to April 27, 1999. Motion carded 3-2 with Councilmember Higginson and Mayor Cafagna
voting "no."
ITEM 2 (701-04)
ORDINANCE NO. 511/SECOND READING
REPEALING DEVELOPMENT AGREEMENT
POWAY PARTNERS, L.L.C.
Mayor Cafagna read the title of Ordinance No. 511, "An Ordinance of the City of Poway,
California Repealing Ordinance No. 471 Approving a Development Agreement with Poway
Partners, L.L.C."
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the
public hearing, waive further reading, and adopt Ordinance No. 511. Motion carried
unanimously with a roll call vote.
ITEM 3 (203-04)
VARIANCE 98-18
APPLICANT: CORNERSTONE CHRISTIAN SCHOOL
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request for a fence height variance approval to allow 3-5 foot high chain link fencing
to be added to the top of an existing 8 foot masonry wall located along the northerly and
eastedy property lines of the playground area at 13617 Midland Road. The maximum wall
height permitted by code is 8 feet.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing and adopt Planning Resolution No. P-99-26, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 98-18 Assessors Parcel
Number 317-122-28, 47 and 66." Motion carried unanimously.
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ITEM 4 (205-02)
CAPITAL IMPROVEMENT PROGRAM
FY 1998-99 THROUGH FY 2000-01
Staff report by City Manager Bowersox. Over the past five years, the City has had limited
ability to fund new capital improvement projects. This report recommends an increase in
capital improvement funding of $2,961,000 between FY 1999/00 and FY 2000/01. These
additional funds are available as a result of the sale of Henry's Market, new federal TEA-
21/STP funds and will supplement funding for projects identified and approved in Mamh
1998. These projects include Pomerado Road (Poway Road to Leona Lane, Leona Lane
to 350' S/o Meadowbrook Lane, 350' S/o Meadowbrook Lane to Glen Oak Road, and
Sound wall along Halper Road; Community Road and Camino del Norte and Espola Road
Overlay.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to authorize the
appropriation of $2.961 million in specified funds; authorize the loans as specified in the
report and approve the amended capital improvement program for fiscal years 1998-99
and 2000-01 by adoption of Resolution No. 99-026, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Capital Improvement Budget
Amendments for Fiscal Years 1998-1999 Through Fiscal Year 2000-2001 ." Motion carried
unanimously.
ITEM 5 (1002-01)
STATUS REPORT
POWAY CREEK DETENTION BASIN
Staff report by City Manager Bowersox. A recently conducted hydrology study revealed
new runoff data, casting a doubt of the ability of the proposed detention basin on Lot D to
accommodate a runoff of a 100-year flood occurrence. This report concerns the status of
the dedication of property for a detention basin as part of a requirement of TM 83-02. Lot
D was dedicated for this purpose on Subdivision Map No. 12090 recorded on June 3,
1988. Ownership will revert to the developers if not under construction by June of 2000.
Staff has determined it would be more appropriate to delay the start of any detention basin
design and construction until the master plan is produced and identifies the size and more
appropriate locations. It is the opinion of the City Attorney that no significant financial
implications would be created by delaying the construction beyond June 2000 as far as
acquisition of the easement is concerned.
Council concurred to receive and file the report and directed staff to obtain an appraisal of
the property.
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ITEM 6 (202-01)
GOALS AND OBJECTIVES
Staff report by City Manager Bowersox. Periodically, the City Council reviews the status
of Goals and Objectives for inclusion in the upcoming fiscal year's financial plan.
Council commended Deputy City Manager Penny Riley and Management Analyst Jennifer
Monroe on their preparation of the report and concurred to receive and file it.
ClTY MANAGERITEMS
City Manager Bowersox welcomed Director of Development Services, Niall Fritz. He also
stated that he had received notification from the family of Barbara Rexrode, wife of
Poway's first Mayor, that she had passed away on April 4, 1999.
CITY ATTORNEY ITEMS
18.
City Attorney Eckis requested a Closed Session under Government Code
§54956.9(c), whether or not to initiate litigation; 2 cases.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19.
Deputy Mayor Emery requested a future agenda item to discuss the Poway position
on regional growth to include a presentation by our housing element consultant. He
also requested a subcommittee meeting to liaison with the community and local
college districts.
20.
Councilmember Goldby requested and received concurrence from Council for the
formation of a Teen Issues Committee.
23A (203-18)
PRE-DEVELOPMENT CONFERENCE
APPLICANT: JIM PIVA
City Manager Bowersox explained the process for a pro-development conference. It is an
opportunity for a potential applicant to have some informal discussion with the City Council
prior to spending money on application fees. No decisions aro made.
Jim Piva of Piva Equipment Rental stated that he had located a piece of property at 12823
Pomerado Road, He is interested in opening his equipment rental store there which would
include small to medium size lawn and garden equipment and vadous types of contractors'
equipment. All large equipment would be kept at the Ramona location. Staff has advised
that the property is zoned for this type of use with a CUP required.
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Council suggested Mr. Piva talk with the adjoining tenants and property owners prior to
going forward.
Mr. Piva stated he planned on dressing up the building, painting, planting, cleaning up the
easement around the area etc.
CLOSED SESSION
Mayor Cafagna called for a Closed Session at 9:15 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna reconvened the meeting and adjourned it at 9:30 p.m. on motion by Deputy
Mayor Emery, seconded by Councilmember Higginson.
LorI Anne Peoples, City cr~erk
Cit~/of Poway
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