CC 1999 05-11 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MAY 11, 1999
The May 11, 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
Sherrie Worrell
Peggy Stewart
Bob Thomas
Niall Fritz
Jim Howell
Warren Shafer
Mark Sanchez
Dennis Quillen
Javid Siminou
Bob Krans
Steve Streeter
Patrick Foley
Jennifer Johnson
City Manager
City Clerk
City Attorney
Deputy City Manager
Deputy City Clerk
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Assistant Director of Public Services
City Engineer
Division Chief
Principal Planner
Senior Management Analyst
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented Employee Service Awards to the following: Mark Avery, Lead
Park Maintenance Worker - 10 years; Lloyd Harrison, Engineering Services Inspector - 25
years; Robert Klitgaard, Firefighter - 25 years; Mark Sanchez, Director of Safety Services -
25 years and Joseph (Dave) Walter, Fire Prevention Inspector - 25 years.
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Mayor Cafagna presented a Proclamation declaring the week of May 16 - 24, 1999 as "The
1999 Second-Hand Sock Drive Week" to Karen Hiatt; a Proclamation declaring May 15,
1999 as "CPR Day" to Safety Services Director Sanchez and a Proclamation declaring May
16-22, 1999 as "Emergency Medical Services Week"to Division Chief Krans.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Omen Green, 12826 Selma Court, addressed the Council about the possibility of extending
Quate Court to connect to Community Park.
Michael Neufeld, 13172 Poway Road, representing the Poway Chamber of Commerce
provided an update of Chamber activities.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
Consent Calendar as follows:
11. Ratification of Warrant Register for the period of April 19-23, 1999.(401-10)
12. Approval of Minutes - City Council
April 20, 1999 - Regular Meeting
14. Rejection of Claims for Damages: Vanessa Roman.
(704-13)
15.
Acceptance of the Seal Coat Contract, 1998-1999 Street Maintenance Program
(407-4320), from Manhole Adjusting Contractors, Inc. (602-01 #1248)
16.
Approval of Reclassification of Engineering Technician Position to Assistant
Engineer I. (503-03)
17.
Award of Bid for the purchase of a Hazardous Waste Storage Locker from Safety
Storage Inc., in the amount of $16,267.50. (602-01 #1329)
18.
Adoption of Resolution Nos. 99-029 (City) and R-99-22 (Agency) Appropriating
Funds for Affordable Housing Consultant Services with David Paul Rosen and
Associates. (602-01 #268R)
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18.1
Approval of Positions on Pending Legislation: Support AB 1347: Property Tax
Administration Reimbursement: Cities and Special Districts, AB 18: Parks, Water
and Resources Improvement: Bond Act, AB 1055: Playground Equipment and
Facilities, AB 1568: Crime Prevention: Law Enforcement Information System, AB
24: Local Fiscal Relief: Subventions to Local Governments and SB 1006: Drinking
Water: Water Softening Devices. Oppose AB 919: Land Use: Local Agencies, AB
1504: Public Contract Termination: Cause, SB 234: Public Employees' Retirement
System: Benefits, SB 948: Affordable Housing Developments, SB 612:
Redevelopment: Low and Moderate Income Housing Fund and AB 60: Employment:
Overtime. (701-11 )
18.2 Approval of Revised Classification and Wage Range Establishment for Backfiow
Prevention and Distribution Maintenance Technician. (503-03)
Motion carried unanimously,
ITEM 1 (203-08)
MODIFICATION TO CONDITIONAL USE PERMIT 90-14M(2)
APPLICANT: DON PATCH FOR POWAY VALLEY COLLISION
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct a 13,000 square foot steel frame auto repair building with a metal
roof and wood siding on a one acre site (formerly 13131 Golden Way) to the south of
14211 Garden Road. Development Services Director Fritz noted the following changes
based on citizen input and concerns expressed: access from Golden Way for emergency
purposes only; the site will be developed to drain east except for a very small portion and
an on-site detention basin will be installed; architectural design to conform to the Poway
Road Specific Plan; applicant to pay drainage fees and participate in a future drainage
assessment district upon completion of the Master Drainage Plan Update; a commercial
car wash is restricted from co-locating on the site; an acoustician's report is required with
the building permit application to verify that noise requirements are met; the Poway
Road/Olive Tree Lane mini storage manager and property owner have been notified that
the gate near Golden Way is to remain closed except for use by City Public Services
employees for maintenance of water and sewer lines or in the event of an emergency; the
proposed building does not allow painting or the storage and use of thinners and solvents,
thus the risk of any explosion from those factors is not present; any risk from dust
generated by sanding of vehicles is mitigated by installation of a vacuum/air filtering system
for the auto body shop areas. Additionally, car or truck tune-ups are prohibited for the new
auto repair facility, no mechanical repairs except as incidental to the body repair; the wall
is to have a 10 foot offset form Golden Way along the frontage of the house on the
adjoining property and continuing for 20 feet past the house to preserve the California
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pepper trees and provide a buffer area. The offset portion of the wall is to be constructed
of split-face block or slump stone; the hours of operation are proposed to include limited
weekend hours of 8:00 a.m. and 2:00 p.m. on Saturdays; all exterior lighting is to be
located and shielded so that no direct light is cast onto neighboring properties; the noise
level is to be restricted to residential standards, not commercial; a revised building layout
will have only a doorway to the car wash area facing the west and five bays facing the
east; all body preparation and repair work will be required to be entirely indoors to the
maximum extent feasible, e.g. washing, sanding and prepping of cars for painting. No
painting of vehicles is allowed in the new building. Bay doors are allowed to remain open
dudng work hours. ^ vacuum/air flltedng system is to be installed for the auto body shop
areas; acoustic ceilings, wall panels and door seals shall be implemented per the
acoustical analysis report.
The following persons were present wishing to speak:
Don Patch, 14005 Midland Road, spoke in support.
Mark Cederquist, 13017 Welton Lane, spoke in opposition.
Kevin Rohr, 13041 Golden Way, spoke in opposition
Ranall VonNordheim, 13029 Golden Way, spoke in opposition
William Lanzone, 24127 Barona Mesa, Ramona, spoke in opposition
Jim Francella, 13304 Olive Tree Lane, spoke in support
Lisa VonNordheim, 13029 Golden Way, spoke in opposition
Laura Lewis, 13035 Golden Way, spoke in opposition
Joe Thomas, 13115 Golden Way, spoke in opposition
Whilma Thomas, 13115 Golden Way, spoke in opposition
Loraine Hollimon, 13250 Olive Tree Lane, spoke in support
William Cochrane, 12940 Meadow Creek Lane, spoke in opposition
Gary Staebler, 13123 Welton Lane, spoke in opposition
Katherine Staebler, 13123 Welton Lane, spoke in opposition
Sherry Chambers, 13109 Golden Way, spoke in support
Andy Uphoff, 12909 Margate Avenue, spoke in support
Nancy Shearon, 14225 Poway Road, spoke in support
L.A. Wiederrich, 14103 Poway Road, spoke in support
Fred Kuhlman, 14250 Lolin Lane, spoke in support
Estela Garcia, 12910 Welton Lane, spoke in opposition
Lauren Chin, 13012 Welton Lane, spoke in opposition
Steve Zuill, P.O. Box 873, spoke in opposition
Jim Faaborg, 14211 Garden Road, spoke in support
There were 19 other slips submitted of people not wishing to speak, 9 in support and 10
in opposition.
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Councilmember Rexford stated for the record, that she had attended meetings at City Hall
where both sides made presentations, and did not receive any information that had not
been presented to the Council as a whole.
Councilmember Goldby stated for the record, that he had attended meetings with both
sides and shared facts that had not come out in the public hearings. These facts were that
he had gathered data in terms of speaking with auto shops on both sides of Poway Road,
viewing their facilities, how their bays faced, noise and site mitigation actions taken, spoken
with neighbors of adjoining properties. He had also spoken with the prior owner of the
Faaborg property who stated that he had offered the site for sale to the neighbors and
advised them what Mr. Faaborg intended to do if he were to purchase the site.
Mayor Cafagna stated for the record, that he had attended a meeting with the neighbors
and the property owner at the end of April and did not receive any information that had not
been disclosed during the hearings.
Deputy Mayor Emery stated that he was not in attendance at the last meeting and has
knowledge only from reading the minutes.
City Attorney Eckis restated that Councilmember Goldby had made himself aware of other
similar uses up and down Poway Road, and received information from the prior owner of
the site, that he had offered the property to the neighbors prior to selling it to Mr. Faaborg.
Mayor Cafagna then asked if anyone had anything to add pertaining to the information
disclosed by Councilmember Goldby.
Lisa VonNordheim inquired as to whether Councilmember Goldby had asked the
adjoining property owners if the automotive uses were in place prior to their
purchase of their property or came in after.
William Cochrane inquired as to whether the neighbors were offered the property
prior to the rezone.
Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the
public hearing. Motion carried unanimously.
Mayor Cafagna called for a recess at 9:06 p.m.
Council reconvened at 9:18 p.m. with all members present.
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Mayor Cafagna stated that currently, the 40 year old collision shop has a lot of grand-
fathered options that infringe on the residential neighborhood with little City control. The
CUP gives the City control over the property including the business, drainage control, dust,
sound, lights and other things that do not exist presently to protect the neighborhood.
Deputy Mayor Emery stated he views this as an intrusion into the neighborhood.
Councilmernber Higginson restated that what is before the Council is the CUP not the
rezone which took place two years ago. The CUP adds control to the site not currently
there and allows for the addressing of the neighborhood concerns now and in the future.
Councilmember Rexford stated that she did not support the rezone and cannot support the
CUP.
Councilmember Goldby stated that logically, this will be an improvement to the
neighborhood, not a deterrent and will buffer the road noise. The neighborhood can make
it work for or against them. He will support approval with a 10 foot wall.
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to adopt Planning
Resolution No. P-99-37, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Conditional Use Permit 90-14M(2) and Development Review 98-23
Assessor's Parcel Number 323-270-22" with the additional condition that the block wall be
10 feet in height. Motion carried 3-2 with Councilmember Rexford and Deputy Mayor
Emery voting "no".
ITEM 2 (203-01)
TENTATIVE TRACT MAP 89-05TE
APPLICANT: POWAY SUMMIT ESTATES
Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This
is a request for a final one-year time extension for the subdivision of a 75.4 acre property
into 13 rural residential lots at the east terminus of Ipava Drive, northwest of the corner of
Poway Road and Espola Road.
There was no one present wishing to speak.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-99-38, entitled, "A Resolution of the
City Council of the City of Poway, California Approving TTM 89-05TE (FINAL) Assessor's
Parcel Numbers 321-200-44 and 47." Motion carried unanimously.
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ITEM 3 (203-04)
VARIANCE 99-03
APPLICANT: WILLIAM LAWBAUGH
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request for a variance to allow a recently constructed residence to observe a 15-foot
street side yard setback when the zone requires a 20-foot setback at 14858 Indian Peak
Lane.
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-99-39, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 99-03 Assessor's Parcel
Number 314-650-39." Motion carried unanimously.
ITEM 4 (602-01 #1189)
DKS ASSOCIATES
COMMUNICATION MASTER PLAN
Deputy Mayor Emery requested this item be continued to the June 8, 1999 meeting.
Motion by Deputy Mayor Emery, seconded by Councilmember Goldby, to continue this
item to June 8, 1999. Motion carried unanimously.
ITEM 5 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 6 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 7 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 8 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-3
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ITEM 9 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 87-1
ITEM 10 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
POWAY LIGHTING DISTRICT
Staff report by City Manager Bowersox. Staff has prepared Resolutions of Intention setting
public hearings for the landscape maintenance district and lighting district to levy and
collect assessments for fiscal year 1999/2000. The public hearings are set for June 29,
1999.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Higginson to take the
following actions:
Adopt Resolution No. 99-030, entitled, "A Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 83-1 for Fiscal Year 1999/2000," approving the Engineer's
Report recommending the assessments remain the same at $118.48 per unit for Zone A
and $235.75 per unit for Zone B, and setting the public hearing for June 29, 1999. Motion
carried unanimously.
Adopt Resolution No. 99-031, entitled, "A Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 86-1 for Fiscal Year 1999/2000," approving the Engineer's
Report recommending the assessments remain the same at $243.04 per residential unit
for Zone A and Zone B - the one non-residential pamel which contributes in-lieu
assessments by providing equivalent maintenance services within public rights-of-way
immediately adjacent to their parcel, and setting the public hearing for June 29, 1999.
Motion carried unanimously.
Adopt Resolution No. 99-032, entitled, "A Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 86-2 for Fiscal Year 1999/2000," approving Engineer's
Report recommending the assessments remain the same at $186.16 for Zone A residential
benefit unit and $262.20 per residential benefit unit for Zone B, and setting the public
hearing for June 29, 1999. Motion carried unanimously.
Adopt Resolution No. 99-033, entitled, "A Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within Poway
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Landscape Maintenance District 86-3 for Fiscal Year 1999/2000," approving Engineer's
Report recommending the assessments remain the same at $163.00 per benefit unit for
Zone A and $70.89 per benefit unit for Zone B, and setting the public hearing for June 29,
1999. Motion carried unanimously.
Adopt Resolution No. 99-034, entitled, "A Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within Poway
Landscape Maintenance District 87-1 for Fiscal Year 1999/2000," approving Engineer's
Report recommending the assessments remain the same at $790.00 per net acre for
Parkway Business Centre and Poway Corporate Center, and $842.68 per net acre for
Pomerado Business Park, Unit 1 Rolling Hills Estates commercial properties, and $210.67
per parcel for the residential portion of Rolling Hills Estates, Units 1 and 11, and setting the
public hearing for June 29, 1999. Motion carried unanimously.
Adopt Resolution No. 99-035, entitled, "A Resolution of the City Council of the City of
Poway, California Declaring the Intention to Levy and Collect Assessments within the
Poway Lighting District for Fiscal Year 1999/2000," approving the Engineer's Report
recommending remain the same for Zones A, B and C, with exception of some parcel
assessment increases due to land development, land use designation changes and the
creation of new subdivisions, and setting the public hearing for June 29, 1999. Motion
carried unanimously.
CITY MANAGERITEMS
City Manager Bowersox introduced Dennis Quillen, Assistant Director of Public Services
and announced the promotion of Javid $iminou to City Engineer.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a Closed Session for one case of Anticipated Litigation
under Government Code §54956.9 and stated a report out was expected.
CLOSED SESSION
Mayor Cafagna called for a closed session as requested by the City Attorney at 9:55 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 10:00 with all Councilmembers present.
City Attorney Eckis announced that the Poway Redevelopment Agency and the County
had signed a tax sharing agreement in 1993 when the plan was amended by the terms of
which the County receives approximately 25% of the uncommitted tax increment and bond
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proceeds secured by uncommitted increment calculated after the payment of certain
obligations of the Redevelopment Agency which existed in 1993. The Agency has settled
a dispute with the County over its' entitlement to any portion of the upcoming $8 million
tax allocation notes to repay the Iow-mod housing fund per the Smith I judgement. The
County will receive nothing as the agreement has been clarified to specify the obligations
that came ahead of the County. Litigation will not be commenced. This was approved by
a unanimous vote of the Council.
Mayor Cafagna adjourned the meeting on motion by Councilmember Goldby, seconded
by Deputy Mayor Emery at 10:02 p.m.
L0~'i Anne Peoples, City Clerk -
cit~y of Poway
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