CC 1999 04-27 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 27, 1999
The April 27, 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
Bob Thomas
Niall Fritz
Warren Shafer
John Tenwolde
Steve Streeter
Jim Nessel
Marijo Van Dyke
Mike Robinson
Sherrie Worrell
City Manager
City Clerk
City Attorney
Deputy City Manager
Director of Community Services
Director of Development Services
Director of Redevelopment Services
Sheriff's Captain
Principal Planner
Senior Planner
Associate Planner
Traffic Engineer
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented a $500 check for Grad Nite '99 to Abraxas High School ASB
President Brianne Robinson and Diane Fairchild.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
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CONSENT CALENDAR
Mayor Cafagna stated he had received a request from staff to remove Item 7 from the
Consent Calendar. Motion by Councilmember Goldby, seconded by Councilmember
Rexford, to approve the Consent Calendar as follows:
5. Ratification of Warrant Register for the periods of April 5-9, 1999.
(401-10)
6. Rejection of Claims for Damages: Manuel Silva.
(704-13)
Removed from Calendar, approval of a one-year Consultant Agreement Between
the City of Poway and Ralph Ziegler (RLZ Enterprises) for inspection services.
(602-01 #1325)
Approval of Parcel Map for Tentative Parcel Map 98-08, creating three residential
parcels on 9.11 acres at 15328 Eastvale Road, Anton and Virginia Pantone,
Applicants. (203-02)
Approval of an Agreement Between the City of Poway/Poway Redevelopment
Agency and Harris & Associates, Inc. for Engineering Services. (602-01 #1326)
10.
Adoption of Planning Resolution No. P-99-32, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Hillside/Ridgeline Minor
Development Review 99-25 Assessofs parcel Number 321-270-60." (203-10)
11.
Adoption of Resolution No. 99-027, entitled, "A Resolution of the City of Poway,
California Determining that the Expenditure of Redevelopment Funds Outside of
the Project Area For the Commercial Rehabilitation Loan Program (#5901) is of
Benefit to the Paguay Redevelopment Project. (209-00R)
11.1
Approval of Agreement Between the City of Poway and the County of San Diego
for Public Transportation Services for Fiscal Year 1999-2000 through Fiscal Year
2003-2004. (602-01 #1328)
11.2 Proposed Transit Services for Fiscal Year 1999-2000.
(1207-01)
11.3
Approval of Positions on Pending Legislation: Support AB 177: Public Utilities,
Eminent Domain; Oppose AB 806: Public Works Contracts, Retention Proceeds,
AB 1314: Public Contracts - Plans and Specifications, AB 28: Vehicles - Pickup
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Trucks, Commercial Vehicle Registration and Weight Fees Exemption, AB 915:
Counties Without Cities Vehicle License Fees, City Allotments; Support AB 1191:
Vehicles - Automated Enforcement Systems. (701-11 )
Motion carried unanimously.
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 odginal concerns have been sufficiently addressed and recommended the
approval be upheld. Council continued the item at the Apdl 13, 1999 meeting to allow the
applicant and neighbor to meet in order to reach an agreement. Staff is recommending
approval with the added condition that story poles be erected and certified by the Engineer
of Work prior to permit issuance.
The following persons were present speaking in support of the approval without restriction:
Daniel Martorelia, 3549 Camino del Rio South, Ste. C, Attorney for Mr. Kirker.
John Swildens, 13310 Starmount Way, wife on Lomas Verdes Homeowner's Assn.
Gaby Sulpizio, 12912 Lomas Verdes, serves on Lomas Verdes Homeowner's Assn.
Nancy Dzina, 17610 Valle Verde, serves on Lomas Verdes Architectural Committee
Rick Zampell, 17810 Valle Verde, serves on Lomas Verdes Homeowne¢s Assn.
The following person spoke in support of staff recommendation with added condition:
Cheryl Roddy, 11759 Valle Verde
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to close the public
hearing and adopt Planning Resolution No. P-99-33, entitled, "A Resolution of the City
Council of the City of Poway, California Upholding Staff Approval of Minor Development
Review 98-115 Assesso~s Parcel Number 273-900-27," with the added condition that story
poles be erected and certified by the Engineer of Work prior to building permit issuance.
Motion carried unanimously.
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ITEM 2 (401-30)
AUTHORIZE USE OF GRANT FUNDS
HABITAT PRESERVATION
PURCHASE OF KIMBALL LIVING TRUST PROPERTY
Staff report by City Manager Bowersox. This is a request for Council authorization,
approving the use of State Department of Fish and Game Grant Funds in the amount of
$200,000 to assist in the acquisition of the Kimball Living Trust Property for the purpose
of habitat protection. Once approved, staff will order an appraisal of the subject property.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to adopt Planning
Resolution No. P-99-34, entitled, "A Resolution of the City Council of the City of Poway,
California Requesting Acceptance of Grant Funds Through the State Department of Fish
and Game NCCP Program to Assist in the Acquisition of the Kimball Living Trust Property
for the Purpose of Habitat Preservation, Assessor's Parcel Number 321-110-2." Motion
carried unanimously.
ITEM 3 (1160-01)
TRAFFIC CONDITIONS
BOWRON ROAD
Staff report by City Manager Bowersox. At Council request, the Traffic Safety Committee
reviewed current conditions on Bowron Road at Poway Road at the Mamh 1999 meeting.
The Committee evaluated possible signalization of this intersection and examined updated
data on volumes, speeds, accidents, and pedestrian and vehicle safety related to recent
development along Bowron Road. The Traffic Safety Committee recommends no
additional changes at this time, but requested staff continue to monitor traffic safety in this
area. It is recommended Council receive and file this report.
There was no one present wishing to be heard.
Council concurred to receive and file the item.
ITEM 4 (701-04)
ORDINANCE NO. 510- ANALYSIS
ACCESSORY BUILDING MORATORIUM
Staff report by City Manager Bowersox. On January 26, 1999, Council adopted Ordinance
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No. 510 that extended the Urgency Ordinance for construction of accessory buildings
within rear yard setbacks until December 14, 1999. As requested by Council, additional
review of backyard accessory structures City-wide has been completed along with
research of view protection ordinances from other cities. Staff has concluded that no City-
wide issue exists, but that actions should be taken to implement the special requirements
of the Old Coach Golf Estates Specific Plan.
Motion by Councilmember Goldby, to continue the item for another week so that all
interested parties can be present. Motion died for the lack of a second.
The following persons were present speaking to the item:
John Swilden, 13310 Starmount, spoke in opposition to a view protection ordinance.
Bob Bowser, 13817 Tam O'Shanter, spoke in support of an ordinance including view
protection.
Jennifer Hardy, 750 "B" Street, Suite 2100, San Diego, law firm representing Greystone
Homes, spoke in opposition to an ordinance of any kind.
Laszio Gal, 17040 Butterfield Trail, spoke in opposition to an ordinance and view protection
restrictions.
Louis Ziminsky, 17055 Butterfield Trail, spoke in opposition to an ordinance and view
protection restrictions.
Gary Rossio, 13823 Tam O'Shanter, spoke in support of a view protection ordinance to
include the placement of fences and trees.
Bevedy Rossio, 13823 Tam O'Shanter, spoke in support of a view protection ordinance.
Pete Ellis, 13831 Tam O'Shanter, offered to build a greenhouse attached to the Flower's
home and to buy the trees for twice the purchase price which were planted on the rear of
the property.
George Kaelin, 13665 White Rock Station, spoke in opposition to an ordinance and view
protection restrictions.
Silvana Freestone, 17421 Tam O'Shanter, spoke in opposition to a view protection
ordinance and in support of a buffer zone.
Mark Rowson, 17050 Butterfield Trail spoke in opposition to an ordinance and view
protection restrictions.
David Bartnam, 13617 White Rock Station, spoke in opposition to an ordinance and view
protection restrictions.
George Dauphine, 13640 Ovedand Pass, spoke in opposition to an ordinance and view
protection restrictions.
Ed Ciuffreda, 13660 Ash Hollow Crossing, spoke in opposition to an ordinance as it would
affect property values.
Marianne Barth, representing the Old Coach Homeowner's Association, spoke in
opposition to an ordinance and view protection restrictions.
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Anna Roppo, 401 West "A", Suite 2600, San Diego, representing the Old Coach
Homeowner's Association, spoke in opposition to the proposed ordinance.
Motion by Councilmember Rexford, seconded by Councilmember Higginson, to continue
this item to June 8, 1999, to allow time for the affected members to meet and attempt to
work this out, including a City provided professional mediator. An equal number of
members from each neighborhood to be included in the selection of the mediator including
Rosen and Barth from Old Coach, Rossio, Bowser and Ellis from StoneRidge. Motion
carried unanimously.
ITEM 4.1 (1506-04)
STATUS REPORT
BEELER CANYON SUBDIVISION
Councilmember Rexford stated she would disqualify herself from participation on this item
as her residence is within 500 feet of the proposed development site.
Staff report by City Manager Bowersox. The proposed project known as "Montecito" is a
232-1ot subdivision on 237 acres in the City of San Diego, directly east of Pomerado Road,
south of Creek Road and Beeler Canyon Road and north of Miramar Naval Air Station.
Staff has completed an initial review of the project and prepared a draft letter to the City
of San Diego identifying areas of concern and requesting an EIR be prepared. Thus far,
San Diego has made no contact for input into the project by the City of Poway.
The following persons were present wishing to speak:
Ed Struiksma, P.O. Box 262600, San Diego, representing the Brehm Company
(developer), spoke in support of the proposed development and responded to questions
of the Council.
Doug Brown, 11769 Treadwell Drive, representing the Rolling Hills Homeowner's
Association, spoke in support of sending the proposed letter to the City of San Diego.
Their Association also has concerns with traffic, sewer, schools, home size on small lots
etc.
Robert Ilko, 10247 Rue Touraine, San Diego, representing the Scripps Ranch Planning
Group, stated that they had taken no action on the Montecito Project and were willing to
work closely with Poway to share information.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to send the letter
Motion carried 4-0, with Councilmember Rexford disqualified.
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CITY MANAGERITEMS
City Manager Bowersox stated that SANDAG had continued the regional Share Alternative
vote for 30 days.
City Manager Bowereox then announced that the new Director of Administrative Services
would be Warren Shafer, effective in July.
CITY ATTORNEY ITEMS
City Attorney Eckis announced that he had joined the City in an Arnicas Brief in the case
of Haggis vs. City of Los Angeles which would require cities to record on title, known
preperty conditions found during inspection.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15A.
Councilmember Goldby requested concurrence for staff to do a feasibility study on
a skateboard/BMX bike facility, including pres, cons, possible locations and costs.
Staff is to work with the Parks and Recreation Committee. The report is to include
experiences of other cities relative to the impact of skateboarding on shopping
centers after skateboard facilities are opened in the community. (701-09)
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to approve the
request for feasibility study of a skateboard/BMX bike facility. Motion carried 3-2
with CouncilmembeCs Higginson and Rexford voting "no."
17A.
Councilmember Rexford requested and received concurrence from Council to
oppose AB 560 and notify the City's legislative representatives and the Assembly
Appropriations Committee of the City's opposition to the measure. (701-11 )
18A.
Mayor Cafagna requested and received concurrence to hold a pre-development
conference on May 6, 1999 to consider the request of Ed Malone to discuss his
proposed development concept plan. (203-18)
18B.
Mayor Cafagna requested and received concurrence to hold a pre-development
conference on May 6, 1999 to consider the request of L.A. Wiederrich for inclusion
of an accessory living unit into the use matrix for his property. (203-18)
18C. Mayor Cafagna appointed Councilmember Rexford to serve as second alternate to
MTDB.
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ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:05 on motion by Deputy Mayor Emery,
seconded by Councilmember Goldby.
Lori ~,nne Peoples, City Clerk
City of Poway
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