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CC 1999 08-03 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 3, 1999 The August 3, 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, Betty Rexford, Mickey Cafagna COUNCILMEMBERS ABSENT AT ROLL CALL Jay Goldby STAFF MEMBERS PRESENT James Bowersox Penny Riley Lori Anne Peoples Steve Eckis Niall Fritz Jim Howell Warren Shafer Javid Siminou John Tenwolde Steve Streeter Jennifer Johnson City Manager Deputy City Manager City Clerk City Attorney Director of Development Services Director of Public Services Director of Redevelopment Services City Engineer Sheriffs Captain Principal Planner Management Analyst PLEDGE OF ALLEGIANCE Boy Scout Troop 601 Presented the Colors and Led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Cafagna explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to approve the 6694 Page 2 - CITY OF POWAY - August 3, 1999 Consent Calendar as follows: 15. Ratification of Warrant Register for the period of July 5, 1999 to July 9, 1999. (401-10) 16. Rejection of Claim for Damages: Robert William Nance. (704-13) 17. Receive and file Status Report on Safety at the Poway High School "Grad Nite" Event. (1503-06) 18. Approval of Weingart Senior Center Grant Writer Funding Request. (1401-01) 19. Receive and file Status Report regarding Staff Approval of Development Reviews in South Poway Business Park. (203-14) 20. Approval of a Consultant Agreement Between the City of Poway and Ralph Ziegler (RLZ, Enterprises) for inspection services. (602-01 #1345) 21. Approval of an Agreement for Consultant Services for Design of a Traffic Signal Communication System and Signal Retiming with Kimley Horn and Associates. (602-01 #1346) 21.1 Approval of Positions on Pending Legislation: Oppose SB 755, California Environmental Quality Act; Support SB 506, Water Conveyance Facilities: Transfers. (701-11 ) Motion carried 4-0 with Councilmember Goldby absent. ITEM 1 (1002-01R) ACQUISITION OF PROPERTY GATEWAY PARK ROAD OWNER: RETIREMENT ENTERPRISES. INC. Mayor Cafagna opened the public hearing. City Attorney Eckis requested the addition of Item lA to the agenda under Government Code Section 54956.9(b)(3) as the need to take action arose after the posting of the agenda. The item is Anticipated Litigation, threat received in a letter today along with a draft term sheet for agreement from the owner of the property. Motion by Councilmember Higginson, seconded by Councilmember Rex'ford, to bring this 6695 Page 3 - CITY OF POWAY - August 3, 1999 item onto the agenda. Motion carried 4-0 with Councilmember Goldby absent. Mayor Cafagna adjourned the meeting into Closed Session at 7:06 p.m. Council reconvened at 7:19 p.m. All members were present except Councilmember Goldby. City Attorney Eckis stated that Council had discussed the item and provided direction to staff. Mayor Cafagna recommended the item be continued for four weeks, to August 31, 1999, stating the belief in potential for agreement. This would give staff and the property owner time to review all options. Deputy Mayor Emery stated his opposition to the continuance as the City had made every effort in the past to identify affordable housing sites and the overlay was adopted by Council so to not use it as intended would be a mistake in his opinion. Mayor Cafagna invited any speaker who submitted a speaker slip and would not be available on August 31, 1999 to come forward and speak to the item. There was no one present wishing to speak. Motion by Mayor Cafagna, seconded by Councilmember Rexford to continue this item to August 31, 1999. Motion carried 3-1, with Deputy Mayor Emery voting "no" and Councilmember Goldby absent. ITEM 2 (401-27) FIRE PROTECTION TAX/HIGH VALLEY ROAD NEIGHBORHOOD LOANS/TAX ROLL ITEM 3 COMMUNITY FACILITIES DISTRICT NO. 88-1 FY 1999-00 SPECIAL TAX RATE ITEM 4 COMMUNITY FACILITIES DISTRICT NO. 1 FY 1999-00 SPECIAL TAX RATE ITEM 5 WEED AND NUISANCE ABATEMENT TAX ROLL FOR FY 1999-00 6696 Page 4 - CITY OF POWAY - August 3, 1999 Mayor Cafagna opened the public hearings. Staff report by City Manager Bowersox. Annually the City collects various taxes, fees, charges and assessments on the tax rolls by following the procedures set up for such collections by the County. Item 2 sets the assessment for Assessment District 96-1 (High Valley Roads) and the neighborhood loan projects including Creek Road/Stage Stop Drive sewer improvements; Joshua Tree Court street improvements; Cobblestone Creek bridge and street improvements; Golden Way sewer; Budwin Lane street improvements; Old Espola Road sewer and Ann-O-Reno Lane street improvements. Item 3 sets the special tax for South Poway Community Facilities District No. 88-1 which is the Parkway Business Centre. Item 4 sets the special tax for South Poway Community Facilities District No. 1 which is the Pomerado Business Park and Item 5 sets the charges from weed and nuisance abatement done by the City's contractor. There was no one present wishing to speak on any of the Items. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public hearing and adopt the following Resolutions: Resolution No. 99-068, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing the Fire Protection Tax and Street and Sewer Improvement Assessments to be Collected on the Property Tax Roll for Fiscal Year 1999-2000" Resolution No. 99-065, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special tax Rate and the Amount to be Levied on Property Within the Community Facilities District No. 88-1 (Parkway Business Centre) for Fiscal year 1999- 2000" Resolution No. 99-066, entitled, "A Resolution of the City Council of the City of Poway, California, Setting the Special tax Rate and the Amount to be Levied on Property Within the South Poway Community Facilities District No. I for Fiscal Year 1999-2000" Resolution No. 99-067, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Report Prepared for the Collection of Weed and Nuisance Abatement Charges on the County Tax Assessor's Roll for the Year 1999-2000" Motion carried 4-0 with Councilmember Goldby absent. ITEM 6 (203-08) CONDITIONAL USE PERMIT 99-06 MINOR DEVELOPMENT REVIEW 99-78 APPLICANT: JAMES STEVENSON 6697 Page 5 - CITY OF POWAY - August 3, 1999 Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This is a request to construct an 880-square foot accessory apartment at 14525 Millards Road. Due to an error in the legal notice, staff is requesting this item be removed from the agenda and rescheduled for the August 17, 1999 meeting. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to remove the item from the agenda and reschedule it for August 17, 1999. Motion carried 4-0 with Councilmember Goldby absent. ITEM 7 (203-08) MINOR CONDITIONAL USE PERMIT 99-07 APPLICANT: TRIDENT HOMES OF CALIFORNIA Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow a 5,692 square foot dental building (Building A) for medical, dental an related health service on the southeast portion of the Scripps Poway Plaza. Staff is recommending a two week continuance to August 17th to allow time to complete their conditions of approval and to mail out public notices to property owners within 511 feet. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to continue the public hearing to August 17, 1999. Motion carried 4-0 with Councilmember Goldby absent. ITEM 8 (203-24) CONDITIONAL USE PERMIT 99-05 DEVELOPMENT REVIEW 99-11 APPLICANT: URBAN SOLUTIONS/CARL'S JR. Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 3,770 square foot drive through restaurant on a 30,635 square foot lot located at the northwest corner of Scripps Poway Parkway and Stowe Drive. There was no one present wishing to speak. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-99-54, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 99-05 and Development Review 99-11 Assessor's Parcel Number 323-090-64." Motion carried 4-0 with Councilmember Goldby absent. 6698 Page 6 - CITY OF POWAY - August 3, 1999 ITEM 9 (203-08) CONDITIONAL USE PERMIT 99-10 APPLICANT: CITY OF POWAY Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a City minipark on a 0.72 acre site located at 12804 Old Pomerado Road. The application was inadvertently advertised for August 3, 1999 which does not provide sufficient time to comply with the 21 day minimum legal notice for the Negative Declaration. Staff is therefore requesting the item be continued to August 17, 1999. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Deputy Mayor Emery, to continue the public hearing to August 17, 1999. Motion carried 4-0 with Councilmember Goldby absent. ITEM 10 (203-04) VARIANCE 99-07 APPLICANT: DAVID DECONCINI Mayor Cafagna opened the public headng. Introduction by City Manager Bowersox. Staff report by Director of Development Services Fdtz. This is a request for a vadance of up to 3.5 feet into the 10 foot right-of-way/general utility easement for placement of an eight foot high, '¥ shaped" monument sign (with four additional feet of non-sign copy for attachment to the fascia of the building) at 14010 Poway Road. The applicant, David DeConcini, 12627 Rue Sienne Nord, San Diego, spoke in opposition to the staff recommendation to deny the variance and responded to questions of the Council. City Attorney Eckis expressed concern that findings could not be made to support the request and that the proposed sign would be a roof sign which is prohibited under the code. Motion by Deputy Mayor Emery, seconded by Councilmember Higginson, to close the public hearing and adopt Planning Resolution No. P-99-55, entitled, "A Resolution of the City Council of the City of Poway, California Denying Variance 99-07 AssessoFs Parcel Number 323-190-75." Motion carried 4-0 with Councilmember Goldby absent. ITEM 11 (203-02) TENTATIVE PARCEL MAP 98-141:{ APPLICANT: ZIP LUCIDI 6699 Page 7 - CITY OF POWAY - August 3, 1999 Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is a request to revise a tentative parcel map approved in March, to divide a 190 acre parcel into four parcels of 10 to 80 acres in size and a remainder parcel of 30 acres on the northwest corner of Highway 67 and Poway 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-99-56, entitled, "A Resolution of the City Council of the City of Poway, California Rescinding Resolution No. P-99-17 and Approving Tentative Parcel Map 98-14 Revised Assessor's Parcel Number APN: 321-111- 02; 322-011-03." Motion carried 4-0 with Councilmember Goldby absent. ITEM 12 (408-01) CITY'S INVESTMENT REPORT City Manager Bowersox stated that this item was placed on the agenda at the request of Council for a quarterly report that includes the type of investment, institution, date of maturity, amount of deposit, current market value and interest rate. Although this information is provided monthly, this quarterly report provides a summary of all activity during the quarter as well as additional information comparing it against the prior year. Motion by Councilmember Higginson, seconded by Councilmember Rexford, to receive and file the report. Motion carried 4-0 with Councilmember Goldby absent. ITEM 13 (504-05) DEVELOPMENT SERVICES CONSOLIDATION City Manager Bowersox provided a bdef overview of the staff report. This is the final report done by Ralph Anderson and Associates on the consolidation of the Planning and Engineering departments. The report outlines their findings and presents their plan for implementation. Staff recommends the Council approve: the establishment of a City Planner position; the reclassification of the part-time Management Analyst position to full- time Senior Management Analyst; the reclassification of the two (2) counter personnel to the single classification of "Development Services Technician"; the creation of a limited duration, fully-benefitted Assistant Planner position; and direction to staff to address the facility concerns. Motion by Councilmember Rexford, seconded by Councilmember Emery, to approve staff recommendation. Motion carried 4-0 with Councilmember Goldby absent. 67O0 Page 8 - CITY OF POWAY - August 3, 1999 ITEM 14 (1503-41 ) FUNDING NORTH COUNTY ECONOMIC DEVELOPMENT COUNCIL Staff report by City Manager Bowersox. The North County Economic Development Council (NCEDC) is a coalition of public and private members working to promote the North County area. Their goal is to attract and retain quality businesses and to help resolve regional issues that impede a high quality life. Bob Campbell, President and CEO of NCEDC, spoke in support of the request and responded to questions of the Council. Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to approve the requested allocation of $500 for the NCEDC. Motion carried 4-0 with Councilmember Goldby absent. ITEM 14.1 (203-14) DEVELOPMENT REVIEW 99-09 APPLICANT: TOPMARK COMMUNITIES Staff report by City Manager Bowersox. This is a request for approval of the home designs and model complex for 26 tract homes for Tentative Tract Map 98-06 located at the southwest corner of Midland Road and Twin Peaks Road. The item was continued from the July 20, 1999 meeting to allow the applicant time to respond to questions raised by the Council. The following people were present wishing to speak: Ken and Lorraine Stock, 13626 Outlook Road, made inquiry as to the potential effects of the project on their property. Stephen Delaney, 12520 High Bluff Drive #380, San Diego, representing TopMark, spoke in support of their request and responded to questions of the Council and public. Motion by Councilmember Rexford, seconded by Councilmember Higginson, to adopt Planning Resolution No. P-99-57, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 99-09 Assessor's Parcel Number 314- 194-49, 52." Motion carried 4-0 with Councilmember Goldby absent. 6701 Page 9 - CITY OF POWAY - August 3, 1999 CITY MANAGER ITEMS ITEM 22 (1204-01) WATER AVAILABILITY SYCAMORE CREEK/OLD COACH Staff report by City Manager Bowersox. Several homeowner water wells in the lower Sycamore Creek area have recently gone dry. Staff has prepared a report that provides information and discusses possible solutions for the homeowners to consider. The production of water from any individual well can be highly variable as North Poway is underlain by fractionate granite bedrock. Groundwater is believed to be contained within a number of underground pools, rather than a single large aquifer. The depth to which a well is drilled, also affects its operation as groundwater levels may vary seasonally. The most obvious change affecting groundwater is the use of well water by the Maderas Country Club. Five wells have been drilled since 1996. The Heritage project, of which the golf course is a part, was approved in 1990 with a condition on the Tentative Tract Map requiring the developer to perform a groundwater hydrology analysis to determine the feasibility of the use of groundwater until reclaimed water is available. Until such a study is prepared, the exact relationship between the golf course's use of groundwater and the lower Sycamore Creek wells cannot be established. Staff is proposing four possible solutions: 1) deepen the existing wells, 2) water hauling by tanker truck, 3) high line/temporary domestic water system and 4) permanent domestic water system. Staff is recommending Council direct them to continue to provide assistance as appropriate. The following people were present requesting Council assistance with their well/water problems: David Barkin, 18355 Sycamore Creek Drive Onsala Blum, 18390 Sycamore Creek Drive Ildon Tamayo, 18374 Sycamore Creek Drive Mary Mogavero, 18385 Sycamore Creek Drive Edie Barkin, 18355 Sycamore Creek Drive Steve DeBolt, 18353 Sycamore Creek Drive Kathleen DeBolt, 18353 Sycamore Creek Drive Mark Blum, 18390 Sycamore Creek Drive 6702 Page 10 - CITY OF POWAY - August 3, 1999 General discussion ensued with staff responding to questions of the Council and public. Rick Vann, Executive Vice President of Sunroad Enterprises, 1455 Frazee Road, Suite 1000, San Diego, developer of the Maderas Golf Course, responded to questions of the Council and stated that they will work with the homeowners but do not wish to be taxed unfairly. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford to direct the City Attorney to review the agreements and provide a legal opinion, staff to look into assisting the residents as appropriate, including Sunroad deepening the failed wells, work with Sunroad on obtaining the necessary raw water line easements, Sunroad is to complete their hydrology study and consider switching immediately to potable water. Motion carried 4-0 with Councilmember Goldby absent. City Manager Bowersox announced that the two additional SherifFs Department units, one motorcycle and one traffic, that had been requested during budget hearings, had been staffed. Also, that the City had received a National Award, the "1999 Hometown Video Award" from the Alliance for Community Media for the City of Poway's electronic bulletin board. MAYOR AND CITY COUNCIL-INITIATED ITEMS 27. Councilmember Rexford thanked staff for their research into the eucalyptus tree insect infestation; requested something be done about the standing water in dog park and inquired as to why there were no SherifFs Deputies directing traffic after a recent accident on Scripps Poway Parkway that had the traffic backed up. ADJOURNMENT Mayor Cafagna adjourned the meeting at 9:55 p.m. on motion by Councilmember Rexford, seconded by Councilmember Higginson, to August 5, 1999 at 6:00 p.m. in the Council Chambers. E~rilAnne Peoples, City Cierk City of Poway 6703 NO TICE NOTICE IS HEREBY GIVEN THAT THE AUGUST 3, 1999, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: ORDER OF ADJOURNMENT Upon motion by Councilmember Rexford, seconded by Councilmember Higginson, Chairman Cafagna ordered the meeting adjourned to Thursday, August 5, 1999 at 6:00 p.m. in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 9:55 p.m. Lorli Anne Peoples, City Cl~-rk Dated: August 5, 1999 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council at approximately 10:00 a.m.. Dated at Poway, California, on August 5, 1999 ~r~Anne Peoples, Cit-~] ~lerk~