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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. 6657 Page 2 - CITY OF POWAY - June 22, 1999 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 6658 Page 3 - CITY OF POWAY - June 22, 1999 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. 6659 Page 4 - CITY OF POWAY - June 22, 1999 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. 666O Page 5 - CITY OF POWAY - June 22, 1999 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. 6661 Page 6 - CITY OF POWAY - June 22, 1999 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. 6662 Page 7 - CITY OF POWAY - June 22, 1999 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. 6663 Page 8 - CITY OF POWAY - June 22, 1999 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. 6664 Page 9 - CITY OF POWAY - June 22, 1999 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. 6665 Page 10 - CITY OF POWAY - June 22, 1999 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 6666