CC 1999 08-17 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 17, 1999
The August 17, 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 Ddve, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLLCALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Bob Thomas
Niall Fritz
Jim Howell
Warren Shafer
John Tenwolde
Steve Streeter
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Community Services
Director of Development Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Captain
Principal Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery Led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna read into the record, a Certificate of Commendation for Poway resident,
Tony Gwynn. The Mayor stated he had presented the original to Mr. Gwynn at a recent
Padres Game.
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PROCLAMATIONS
Mayor Cafagna presented a Proclamation entitled, "Interfaith Community Services Week,
August 20-29, 1999" to representatives Saemi London Marcus and Myrna Reese.
Mayor Cafagna presented a Proclamation entitled, "Children's Vision and Leaming Month,
August 1999" to representative, Dr. Janiuk.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to be heard:
Lori Rolie, 12611 Pedriza Drive, requested consideration of stop signs on Stone Canyon
Road.
Maryann Milcetic, 12735 Larchmont Street, made inquiry and expressed opposition to
development by Standard Pacific to property at the end of Larchmont Street.
Ead Clampett, 12623 Pedriza Drive, requested consideration of stop signs on Stone
Canyon and Country Squire.
Joe Balding, 12757 Stone Canyon Road, requested consideration of stop signs at Stone
Canyon and El Norte as well as temporary warning signs in front of his home which was
the scene of a recent fatal accident.
Jim Piva, 13172 Poway Road, representing the Poway Chamber of Commerce invited all
present to the first Tri-Chamber Summer Fest, Thursday at 5:30 p.m. at the Carmel
Mountain Country Club and announced that a new four-color map of the City had been
made and was available to the public.
CONSENT CALENDAR
Councilmember Rexford requested Item 14 be removed from the Consent Calendar for
discussion. Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to
approve the remainder of the Consent Calendar as follows:
Ratification of Warrant Register for the periods of July 12 to July 16, July 19 to July
23 and July 26 to July 30, 1999. (401-10)
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10.
Approval of Minutes - City Council
July 20, 1999 - Regular Meeting
July 27, 1999 - Canceled Regular Meeting
12.
13.
15.
16.
17.
18.
19.
20.
21.
22.
Rejection of Claim for Damages: Gary Pekala
(704-13)
Designation of Voting Delegate for League of California Cities Annual Conference -
October 10-12, 1999. (1503-22)
Approval of Policy Regarding the Maintenance of Private Streets. (1110-05)
Award of Design Work Contract for the 1999 Facility Maintenance Program and for
the Weingart Senior Center Kitchen and Restroom Renovation Project to
Sillman/Wyman, Inc. in the amount of $22,000. (602-01 #1347)
Approval of Agreement for Legal Services with McDougal, Love, Eckis, Smith &
Boehmer. (602-01 #259)
Approval of Report of Administrative Action Taken on City Council-Initiated and
Public Inquiry Items. (701-10)
Status Report on City of Poway "Year 2000" Readiness and Contingency Planning.
(204-02)
Hillside/Ridgeline Minor Development Review 99-57, Robert and Susan Grimes,
Applicants: A request to construct a 3,678 square-foot, two-story single family
hillside residence on a vacant four acre property located on the north side of Addan
Street, within the 13800-13900 block. Adopted Resolution No. P-99-58. (203-10)
Hillside/Ridgeline Minor Development Review 99-60, Don Patch, Applicant/James
Bainbridge, Owner: A request to construct a 3,345 square-foot, one-story house
with garage at 20 foot maximum height and a batting cage on four acres at 16008
Eucalyptus Heights Road. Adopted Resolution No. P-99-59. (203-10)
Minor Development Review 99-70, Gary & Terese Ghio, Applicant: A request to
construct a 5,210 square-foot, two-story home with a 1,200 square-foot garage and
a 960 square-foot/22 foot high barn on 1.7 acres at 14130 Tierra Bonita Road.
Adopted Resolution No. P-99-60. (203-10)
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23.
Annexation into Landscape Maintenance Distdct (LMD) 86-3B: APN 317-190-44-00,
Travis Family Trust, Owner. Adopted Resolution No. 99-070. (705-12)
24.
Acceptance of Rolling Hills Estates Landscape Improvements within Landscape
Maintenance District (LMD) 87-1: Shea Homes (TTM 88-04R), Applicant.(203-01)
24.1 Approval of Parcel Map for Tentative Parcel Map 98-14, and Approval of Agreement
Relating to Improvements: Zip and Lisa Lucidi, Applicants. (203-02)
24.2 Award of Bid for the Portable Emergency Electricity Generator to Hawthome Power
Systems in the amount of $51,707.50. (601-03)
Motion carried 4-0 with Councilmember Higginson absent.
ITEM 1 (203-08)
CONDITIONAL USE PERMIT 99-06
MINOR DEVELOPMENT REVIEW 99-78
APPLICANT: JAMES STEVENSON
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct an 880 square foot accessory apartment at 14525 Millards Road.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing, issue a Negative Declaration and adopt Planning Resolution No. P-99-61, entitled,
"A Resolution of the City Council of the City of Poway, California Approving Conditional
Use Permit 99-06 and Minor Development Review 99-78 Assessor's Parcel Number 321-
271-29." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 2 (203-24)
MINOR CONDITIONAL USE PERMIT 99-07
APPLICANT: TRIDENT HOMES OF CALIFORNIA
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Director of Development Services Fritz. This is a request to allow a 5,692
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square foot dental building (Building A) for medical, dental and related health services on
the south east portion of the Scripps Poway Plaza. The proposed building was originally
planned for a bank with a drive-through service. Traffic generation would have been on
the order of 600 vehicles per day estimated based on the square footage of the building.
Traffic generation for the proposed dental building would be considerably less, on the order
of an estimated 250 trips per day. Additionally the traffic generated would be intermittent
and more controlled than a bank with drive-through access and dentist/dental specialists
would have appointments for their patients.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing and adopt Planning Resolution No. P-99-62, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Minor Conditional Use Permit 99-07
Assessor's Parcel Number 320-200-43?' Motion carried 4-0 with Councilmember
Higginson absent.
ITEM 3 (203-08)
CONDITIONAL USE PERMIT 99-10
APPLICANT: CITY OF POWAY
Mayor Cafagna opened the Public Headng. 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 (Bette Bendixen Minipark).
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to close the public
hearing and adopt Planning Resolution No. P-99-63, entitled, "A Resolution of the City
Council of the city of Poway, California Approving Conditional Use Permit 99-10 Assessor's
Parcel Number 317-792-31." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 4 (401-27)
TAX PATE,?, FOR BOND INTEREST & REDEMPTION 19.99-00
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. The
City of Poway has one existing General Obligation Bond issue - the Poway Municipal
Water District. In order to have the bond principal and interest for fiscal year 1999-2000
collected on the tax roll, it is necessary for Council to approve the rates for the bond issues
and notify the County of San Diego of the amount to be levied.
There was no one present wishing to speak.
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Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to close the public
hearing and adopt Resolution No. 99-071, entitled, "A Resolution of the City Council of the
City of Poway, Califomia, Estimating the Amount Necessary to be Raised for Taxation for
the Fiscal Year 1999-2000 for Improvement Districts of the City Formedy Known as Poway
Municipal Water District." Motion carried 4-0 with Councilmember Higginson absent.
ITEM 5 (203-08) '
MODIFICATION OF CONDITIONAL USE PERMIT 90-10
APPLICANT: WAL-MART
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Director of Development Services Fritz. This is a request to allow a 4,800 square
foot expansion of the existing Garden Center; temporary use of seatainer storage units at
the east side of the building; an increase in the number of days for outdoor display and
sales for sidewalk site sales and within Special Events Area up to 20 days within a 60 day
period; veterinary services providing vaccinations and treatment of minor skin irritations for
small animals within the Garden Center and the addition of three landscape islands for
three cart racks at 13425 Community Road.
The following people were present wishing to speak:
Cheryl LaPorte, 13445 Community Road, spoke in opposition to the proposed provision
of veterinary services.
Allen Butcher, 3615 Kearny Villa Road, San Diego, representing Wal-Mart Stores, Inc.
spoke in support of their request and responded to questions of the Council.
Motion by Deputy Mayor Emery, seconded by Councilmember Rex'ford, to close the public
hearing and adopt Planning Resolution No. P-99-64 as amended to delete the increase in
number of days for outdoor display and sales and veterinary services with the finding that
denial is not for economic purposes. The resolution entitled, "A Resolution of the City
Council of the City of Poway, California Approving a Modification to Conditional Use Permit
90-10M Assessor's Parcel Number 317-130-66." Motion carried 4-0 with Councilmember
Higginson absent.
ITEM 6 (203-24)
MINOR CONDITIONAL USE PERMIT 99-04
OWNERS: KELLY AND LAURIE BURT
APPLICANT: MCCULLOUGH-AMES DEVELOPMENT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to add eight lights to an approved tennis court located at 14385 Ciera Court.
The proposed lights would be mounted on 18 foot high poles, designed with cutoff shields
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to direct and confine the light to the court. Landscaping will be installed to screen the
tennis court from adjacent properties. There are no immediate neighbors at this point since
The Heritage project is in the early phases of construction.
The following person was present wishing to speak:
Robert Myers, 18028 Old Coach Road, spoke in opposition to the proposed lights due to
the effect he felt they would have on other properties in the valley.
Principal Planner Streeter responded to questions of the Council and Mr. Myers regarding
lighting concerns.
General discussion ensued.
Kelly Burr, 14224 Harold Place, project owner, spoke in support of his request and
presented the Council with photos showing his present court and lights. Further he stated
that he had spoken with the two neighbors to the north of the proposed house, they had
visited his current house and tennis court and viewed the lights and have no opposition.
He then invited Mr. Myers to view his home and lights.
Motion by Mayor Cafagna, seconded by Councilmember Goldby to close the public hearing
and approve the Minor Conditional Use Permit 99-04. Motion failed 2-2 with Deputy Mayor
Emery and Councilmember Rexford voting no and Councilmember Higginson absent.
The item continued automatically to the meeting of August 31, 1999.
ITEM 7 (209-00R)
COMMERCIAL REHABILITATION LOAN PROGRAM
Staff report by City Manager Bowersox. On Apdl 27, 1999, Council approved this program
including Program Guidelines that explained the application process and review criteria.
Upon review of the applications received, two questions arose that were not foreseen in
the Guidelines. First, the program was intended for existing Poway businesses and
defining what constitutes an established Poway business. Second, addressing an
application that only proposes sign replacement as the basic rehabilitation, when it was
anticipated that signage would be part of an overall rehabilitation effort. The proposed
revisions clarify that the program is intended for established Poway businesses, defined
as being in business in Poway for at least one year prior to application. Also, they
establish a limit of 50% of the cost of the sign (including design, construction, installation
and fees), which must be at least five years old, if sign replacement is the only
rehabilitation activity proposed.
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Motion by Councilmember Rexford, seconded by Mayor Cafagna, to approve the revised
Program Guidelines. Motion carried 4-0 with Councilmember Higginson absent.
ITEM 8 (602-01 #288R)
COMMERCIAL REHABILITATION LOAN PROGRAM
APPLICANT: POWAY & POMERADO, L.L.C
Staff report by City Manager Bowersox. On April 27, 1999, the Council approved the
Commercial Rehabilitation Loan Program. This is the first Targeted Rehabilitation
Application considered by the Council. Targeted Rehabilitation is intended to demonstrate
how the Poway Road Specific Plan concepts can be implemented. The application
proposes the rehabilitation of two commercial buildings located at 13025 and 13029
Pomerado Road in compliance with the Poway Road Specific Plan. The application under
consideration is for financial assistance in the amount of $85,000 of the estimated
$353,000 project cost. This ratio is $4 private investment to $1 public funding. The loan
is a non-interest bearing forgivable loan. The loan is on a reimbursement basis after
completion of the project. Twenty percent of the loan amount is forgiven (amortized) each
year. The loan is fully forgiven after five years.
Councilmember Rexford expressed concerns with the ratio provisions and requested the
Economic Development Committee review them and bring a recommendation back to the
Council.
Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to approve the
application. Motion carried 4-0 with Councilmember Higginson absent.
ITEM 14 (701-18)
COLOR CITY LOGO AND FLAG DESIGN
Councilmember Rexford thanked staff for their hard work on creation of a color City logo
and flag and then suggested consideration of a white flag background.
General discussion ensued with consensus of the Council being to have staff consider
additional color combinations and bring the item back to Council at a future date.
CITY MANAGERITEMS
25.
City Manager Bowersox announced the appointment of Deborah Johnson as
Director of Redevelopment Services effective October 1, 1999. He also announced
that Director of Safety Services Sanchez and his wife Leisel had welcomed a new
baby gid, Jennifer Adelina into their household last Wednesday.
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CITY ATTORNEY ITEMS
26.
City Attorney Eckis requested and received concurrence for a Closed Session,
Conference with Legal Counsel - Anticipated Litigation under Government Code
§54956.9(b), 1 case, Conference with Real Property Negotiator, Property: Gateway
Park Road Parcel, Negotiating parties: James Bowersox, Poway Redevelopment
Agency, Buyer; Robert Amberg, Retirement Enterprises, Inc., Seller
Under negotiation: Price and terms of purchase
MAYOR AND CITY COUNCIL-INITIATED ITEMS
27.
Councilmember Emery requested the City bring back a staff report on AB 84 which
would allow the League to create a separate PAC (Association for Better Cities) so
that they could operate on behalf of the cities and inquired as to whether the City
could acquire the Poway Trolley Bus upon its retirement from the fleet.
28.
Councilmember Goldby expressed his gratitude to'the Teen Recreation Club for
painting all the Community Park tables and benches back in June and thanked
them for their continued community service.
30.
Councilmember Rexford requested staff look into the property located on Poway
Road recently mentioned in the North County times, where artifacts were recently
found and develop an information file on the site.
31.
Mayor Cafagna announced the birth of his second Grandson, Jared Michael, born
Sunday at 7:00 p.m.
CLOSED SESSION
Mayor Cafagna adjourned to Closed Session as requested by the City Attorney at 8:50
p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:04 wi.th all members present except
Councilmember Higginson and adjourned the meeting at 9:05 p.m. on motion by
Councilmember Rexford, seconded by Councilmember Goldby.
City of Poway
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