CC 1999 06-22 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CiTY COUNCIL REGULAR MEETING
JUNE 22, 1999
The June 22, 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
Don Higginson, Jay Goldby, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Sherrie Worrell
Steve Eckis
Peggy Stewart
Niall Fritz
Jim Howell
Warren Sharer
Mark Sanchez
Javid Siminou
John Tenwolde
Steve Streeter
Jim Lyon
Jennifer Johnson
City Manager
Deputy City Manager
Deputy City Clerk
City Attorney
Director of Administrative Services
Director of Development Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
City Engineer
Sheriff's Captain
Principal Planner
Assistant Planner II
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Goldby led the Pledge of Allegiance.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. Thero was no
one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
7. Ratification of Warrant Register for the period of May 31 to June 4, 1999.(401-10)
8. Rejection of Claim for Damages: Susan D. Cobak.
(704-13)
Approval of an Agreement with the Wilson Group, LLC for Legislative Advocate
(Lobbying) Services on Behalf of the City of Poway and the Poway Redevelopment
Agency. (602-01 #983 & 602-01 #199R)
10.
Approval of an Agreement Between the City of Poway/Poway Redevelopment
Agency and Dudek & Associates, for Engineering Services from June 1, 1999
through June 30, 2002 (including Water System Master Plan and Sewer System
Master Plan). (602-01 #1339)
11.
Adoption of Resolution No. P-99-46, entitled, "A Resolution of the City of Poway,
California Approving Hillside/Ridgeline Minor Development Review 99-45
Assessor's Parcel Number 321-370-08," for a 3,600 square foot two-story home on
a 4.65 acre lot known as Lot 8 of Millards Ranch, on Cedar Ridge Court, Don
Mechling, Applicant. (203-10)
Motion carried 4-0 with Deputy Mayor Emery absent.
ITEM lA (205-02)
FISCAL YEAR 1999-00 AND 2000-01
COMPREHENSIVE FINANCIAL PLAN
Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This
is the second of three meetings to discuss the Proposed Fiscal Year 1999-2000 and Fiscal
Year 2000-2001 Comprehensive Financial Plan and 5-Year Fiscal Forecast of the General
Fund. The proposed plan is again a two-year plan, incorporating two separate fiscal year
budgets and establishing separate appropriations for each year. The proposed Plan
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recommends a City operating budget of $42,840,470 for Fiscal Year 1999-00 with an
increase by 1% to $43,272,550 in 2000-01. The Plan also recommends a
Redevelopment/Housing Services operating budget of $5,202,840 for FY 1999-2000 with
a .6% adjustment to $5,233,500 for FY 2000-01. The Comprehensive Financial Program
proposes an appropriation of $9,073,349 for City and Redevelopment Agency capital
improvement projects and multi-year programs. The Capital Improvement Program for
this year will be approximately 8.1 million dollars. Projects include improvements to
Pomerado Road from Poway Road to Ted Williams Parkway with improvements on the
west side of the road followed by an entire resurfacing of the road; an oveday of Camino
Del Norte between Pomerado Road and the west City limits; the reconstruction of
Community Road in its current form between Hilleary and Twin Peaks Roads and then
widening of the portion of Community Road on the west side just south of Hilleary followed
by an oveday of Community Road down to Poway Road. Other projects include work in
front of Painted Rock School repairing sidewalks and removing the curb line out from some
large eucalyptus trees; a major guard rail project on Tuscarora Street; work in Poway
Creek for better access and flood control; replacing the floor in the museum at Old Poway
Park; replacing the walkway lighting with industrial strength lighting at the Performing Arts
Center; playground work at Starridge Park and Garden Road Park. The City will also be
replacing the large water main that failed about a year ago in the High Valley area; along
with internal coating projects on various water reservoirs and replacing the cathodic
protection of the those water reservoirs; and finally, the replacement of a water line in the
Green Valley Area as well as the continuing operation of sewer manhole rehabilitation.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Goldby to continue the
public hearing to June 29, 1999. Motion carried 4-0 with Deputy Mayor Emery absent.
ITEM 1 (701-04)
ORDINANCE 512/STREET EXCAVATION
REQUIREMENTS AND THE IMPOSITION OF
A MORATORIUM ON STREET CUTS
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox.
The proposed ordinance relates to street excavation requirements and imposes a street
cut moratorium on new or recently resurfaced public streets. This ordinance is intended
to help preserve the work that is being proposed over the next two budget years.
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Staff report by Director of Development Services Fritz. This ordinance will place a
prohibition on road cuts for 3 years on newly paved or overlaying streets and one year on
newly seal coated streets. Due to the increasing number of requests by public utility
companies, it is vital that these projects are coordinated to eliminate the number of cuts
in the street.
Don Parent, 8330 Century Park, representing SDG&E, stated that SDG&E has met with
staff on numerous occasions and no mention of this ordinance was ever made. SDG&E
would like to have the opportunity to have their legal team review this ordinance before it
is actually adopted and requested that this item be continued for a couple of weeks.
City Engineer Siminou stated that this policy has been in place for three years and every
utility liaison has been aware of this policy. The proposed ordinance is being done to
actually formalize the process.
General discussion ensued.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to continue
the public hearing to July 20, 1999 for second reading and adoption of Ordinance No. 512,
entitled, "An Ordinance of the City of Poway, California Adding Chapter 12.14 to the Poway
Municipal Code Relating to Street Excavation Requirements and Imposing a Street Cut
Moratorium on New or Newly Paved Public Streets". Motion carded 3-1 with Deputy Mayor
Emery absent and Councilmember Goldby voting "no".
ITEM 2 (203-11 )
GENERAL PLAN AMENDMENT 99-01
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. There
are three parts to this General Plan Amendment. GPA 99-01A which will change
approximately 8 acres of land on the southwest corner of Pomerado Road and Leona Lane
from Residential Single Family-3 to Residential Single Family-4; GPA 99-01B which will
change 9.5 acres at the southeast corner of Solera Way and Tannin Drive from Open
Space-Recreation to Rural Residential-A; and GPA 99-01C which will change
approximately 78.5 acres of land located along the eastern terminus of Sycamore Creek
Road from Rural ResidentiaI-A to Open Space-Resource Management.
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GENERAL PLAN AMENDMENT/ZONE CHANGE 99-01A
APPLICANT: JOSEPH BAYANI
Staff report by City Manager Bowersox. This is a request to redesignate 8.0 acres,
consisting of 20 parcels located on the southwest corner of Pomerado Road and Leona
Lane from Residential Single Family-3 to Residential Single Family-4. The purpose of the
General Plan Amendment/Zone Change request is to provide the potential to subdivide this
parcel, construct a new single family home and to have the zoning reflect the existing
smaller sized parcels.
The following person was present wishing to speak:
F. Hasselton, 12399 Sage View Road, inquired as to the type of housing that would be
proposed for this site and the density. Mr. Hasselton stated that he would be opposed to
two-story homes as they would impact his view.
Motion by Councilmember Higginson, seconded by Councilmember Rexford to adopt
Resolution No. 99-040, entitled, "A Resolution of the City Council of the City of Poway,
California Amending the Land Use Element of the General Plan of the City of Poway (GPA
99-01A)". Motion carried 4-0 with Deputy Mayor Emery absent.
GENERAL PLAN AMENDMENT/ZONE CHANGE 99-01B
APPLICANT: STEVEN STONE
Staff report by City Manager Bowersox. This is a request to redesignate a 9.53 acre
vacant parcel located at the southeast comer of Solera Way and Tannin Drive from Open
Space-Recreation to Rural Residential-A. The purpose of the General Plan
Amendment/Zone Change request is to provide the potential to construct a single family
home on the property. To ensure compliance with the provisions of Proposition FF, the
resolution has been amended to require, prior to the approval of a development application
on the subject parcel, the creation and approval of a specific plan that would limit the
development density of the property to one residential unit.
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The following people were present wishing to speak:
Mark Gordon, 17206 Pinot Place, representing the Green Valley Civic Association, stated
they were in support of staff's recommendation.
Steven Stone, 3536 Santa Flora Court, thanked Council for their consideration of this
application and requested their support. He also thanked the Green Valley Civic
Association and the Lomas Verdes and Vineland Hills Homeowners Association for their
support.
Jerry Stone, 16880 St. James Drive, stated he was in support of this zone change.
Richard Douville, 13025 Pomard Way, representing Vineland Hills Homeowners
Association, stated they were in support of staff's recommendation.
Jim Madden, 12936 Pomard Way, stated he was in favor of the zone change.
Motion by Councilmember Higginson, seconded by Councilmember Rexford to adopt
Resolution No. 99-041, entitled, "A Resolution of the City Council of the City of Poway,
California Amending the Land Use Element of the General Plan of the City of Poway (GPA
99-01B)". Motion carried 4-0 with Deputy Mayor Emery absent.
GENERAL PLAN AMENDMENT/ZONE CHANGE 99-01C
APPLICANT: DICK BOBERTZ, EXECUTIVE DIRECTOR
OF THE SAN DIEGUITO RIVER VALLEY REGIONAL
OPEN SPACE PARK
Staff report by City Manager Bowersox. This is a request to redesignate approximately
78.5 acres of land located along the eastern terminus of Sycamore Creek Road from Rural
ResidentiaI-A to Open Space-Resource Management. The purpose of the General Plan
Amendment/Zone Change request is to change the current zone to a designation that
would reflect the preservation goals of the San Dieguito Regional Open Space Park. The
surrounding neighbors were concerned given the proximity of their homes to potential
camping sites in the adjoining land owned by the San Dieguito Open Space Park. The
resolution of approval has been amended to require the creation of a specific plan over the
subject area that would preclude camping from the list of available land uses.
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The following persons were present wishing to speak:
Jack Gibson, P.O. Box 441, Santa Ysabel, representing the Citizens of Private Property.
Mr. Gibson requested that the Council oppose this zone change due to the environmental
assessment being insufficient. The environmental assessment does not address the trail
system orthe river park coming into the area and converting a residence into a government
office.
City Attorney Eckis stated that he had reviewed the environmental analysis and concluded
that it is sufficient for the Council to act in relation to the zoning change.
Arthur Schmitz, 21141 Sutherland Dam Road, Ramona, stated that he is opposed to the
request due to the condemnation of the property for trails.
David Barkin, 18355 Sycamore Creek, stated that the current zoning would not preserve
the property in the manner they would like to see it. The new zoning does have certain
conditional uses which their neighborhood would like to see limited, especially that of
wilderness camping, installation of tot lots and restrooms. He stated that he and his
neighbors are in support of this zone change with the additional conditions placed on the
zone change.
Marc Blum, 18390 Sycamore Creek, stated that he has concerns over the rights of water
which was on one of the properties and taken over by the County. His other concerns
include hikers getting lost in the area, liability issues if people are injured while on the
trails, and their trespassing onto private property.
City Attorney Eckis recommended that staff meet with the property owners to discuss the
objectionable uses to be excluded from the required specific plan between now and the
second reading of the ordinance.
Dick Bobertz, Executive Director San Dieguito River Valley Regional Open Space Park,
1500 State Street, stated that two separate applications have been submitted. One is for
the rezoning of the 78 acres as presented to the Council this evening. The other
application has been submitted but is not in relation to this application.
General discussion ensued.
Motion by Councilmember Higginson, seconded by Councilmember Rexford to adopt
Resolution No. 99-042, entitled, "A Resolution of the City Council of the City of Poway,
Califomia Amending the Land Use Element of the General Plan of the City of Poway (GPA
99-01C)". Motion carried 4-0 with Deputy Mayor Emery absent.
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Motion by Councilmember Higginson, seconded by Councilmember Rex'ford to continue
the public headng to July 6, 1999 for second reading and adoption of Ordinance No. 513,
entitled, "An Ordinance of the City of Poway, California Changing the Zoning Classification
of Certain Property (ZC 99-01A)", Ordinance No. 514, entitled, "An Ordinance of the City
of Poway, California Changing the Zoning Classification of Certain Property (ZC 99-01B)",
and Ordinance No. 515, entitled, "An Ordinance of the City of Poway, California Changing
the Zoning Classification of Certain Property (ZC 99-01C)". Motion carried 4-0 with Deputy
Mayor Emery absent.
Councilmember Rexford left the Chambers at 8:07 p.m.
ITEM 3 (602-01 #135R)
AMENDED AND RESTATED
OWNER PARTICIPATION AGREEMENT
POWAY CORPORATE CENTER
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to approve an amended and restated Owner Participation Agreement for the
Poway Corporate Center, including a portion of property formerly included in the Tech
Business Center OPA, subject to final approval of the technical language by the City
Attorney.
Motion by Councilmember Higginson, seconded by Mayor Cafagna to adopt Resolution
No. 99-043, entitled, "A Resolution of the City Council of the City of Poway, California
Approving the Owner Participation Agreement By and Between The Poway
Redevelopment Agency and Tech Business Center, LLC, A California Limited Liability
Company, and Making Certain Findings in Connection Therewith". Motion carried 3-0 with
Deputy Mayor Emery and Councilmember Rexford absent.
Councilmember Rexford returned to the Chambers at 8:08 p.m.
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ITEM 4 (203-10)
VARIANCE 99-05
MINOR DEVELOPMENT REVIEW 99-54
APPLICANT: JOHN AND LINDA ROGERS
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct additions totaling 1,212 square feet onto a residence located at
12631 Cedar Tree Way, including a variance to allow portions of the additions onto the
front of the residence to observe a 10 foot front yard setback when 40 feet is required.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Higginson to close the
public hearing and adopt Planning Resolution No. P-99-47, entitled "A Resolution of the
City Council of the City of Poway Approving Variance 99-05 and MDRA 99-54, Assessofs
Parcel Number 275-650-48". Motion carried 4-0 with Deputy Mayor Emery absent.
ITEM 5 (1506-13)
911 EMERGENCY OPERATIONS SYSTEM
Staff report by City Manager Bowersox. This report was requested by the City Council on
February 2, 1999. Essentially, all 911 calls received from a cellular phone are handled
through the California Highway Patrol. When the CHP receives a call, they then make
the dete[mination as to who the appropriate agency is to handle the call at which time the
call is then transferred. The resulting time delay is estimated to be approximately 30
seconds.
Council concurred to receive and file the report, 4-0 with Deputy Mayor Emery absent.
ITEM 6 (602-01 #1031)
EDCO WASTE AND RECYCLING
SERVICES' RATE SCHEDULE
Staff report by City Manager Bowersox. This item comes before Council in accordance
with the provisions of the franchise agreement with EDCO. The increase comes from two
factors: (1) an increase in landfill disposal fees from $30/ton to $32/ton, effective July 1,
1999; and (2) a 2.5% increase in the Consumer Price Index. Staff is also requesting a
small increase in the household hazardous waste mitigation fee of $0.16/month under
AB939.
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Councilmember Rexford requested that staff look into the number of trucks traveling on
Creek Road and the number of days per week.
Motion by Councilmember Goldby, seconded by Councilmember Higginson to adopt
Resolution No. 99-046, entitled "A Resolution of the City Council of the City of Poway
Approving an Adjustment to EDCO Waste and Recycling Services' Rate Schedule
Pursuant to the Provisions of the Solid Waste Franchise Agreement and Rescinding
Resolution No. 98-031". Motion carried 4-0 with Deputy Mayor Emery absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
15. Councilmember Goldby announced that he became a grandfather on Father's Day.
17.
Councilmember Rexford requested that staff look into purchasing blinds for the
meeting room doors at the Library.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:16 p.m.
"-~l~erne D. Worrell, De~puty City ~erk C~y of Poway
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