CC 1999 11-04CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING
NOVEMBER 4, 1999
The November 4, 1999, adjourned regular meeting of the City Council of the City
of Poway, was called to order at 6:00 p.m., by Mayor Cafagna at the Community Center,
13094 Bowron Road, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Sherrie Worrell
Steve Eckis
Warren Shafer
Niall Fritz
Jim Howell
Deborah Johnson
Javid Siminou
David Narevsky
Ron Mittag
Patrick Foley
Jim Nessel
Jim Lyon
City Manager
Deputy City Manager
City Clerk
Deputy City Clerk
City Attorney
Director of Administrative Services
Director of Development Services
Director of Public Services
Director of Redevelopment Services
City Engineer
Redevelopment Agency Manager
Economic Development Manager
Senior Management Analyst
Senior Planner
Assistant Planner II
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to be heard.
ITEM 1 (203-21)
POWAY ROAD SPECIFIC PLAN IMPLEMENTATION
Mayor Cafagna welcomed those in attendance and City Manager Bowersox provided a
brief introduction.
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Redevelopment Services Director Johnson explained the purpose of the workshop was to
discuss the Poway Road Specific Plan goals and implementation strategies, review the
accomplishments to date, review examples of potential redevelopment and receive public
input.
Development Services Director Fritz provided a brief verbal and poster board presentation
covering: A) the description of the Specific Plan; B) goals of the Specific Plan and
C) implementation of the Specific Plan.
Economic Development Manager Mittag gave a brief verbal and poster board presentation
on Specific Plan accomplishments including: A) the Poway Road Marketing Poster; B)
private sector instigated rehabilitation and new construction; C) new construction and D)
the commercial rehabilitation loan program.
Redevelopment Services Director Johnson then provided verbal and poster board
examples of: A) redevelopment law requirements; B) aerial, plot map and potential site
plans for the area west of the Poway Community Library and C) an aerial and plot map of
the southwest corner of Poway Road and Pomerado Road.
The meeting was then open for public input. The following people were present wishing
to speak:
Jim Piva, representing the Poway Chamber of Commerce, spoke in support
of the Specific Plan implementation
Leslie Lewis, 17005 Cloudcroff, spoke regarding the need for a restaurant row
Vincent Krolikowski, 13043 Papago, spoke in support of the implementation
David Kinney, 13033 Poway Road, representing Poway Stoway, spoke in
opposition, expressing concern for the loss of the country atmosphere
Robert Kinney, 13033 Poway Road, made inquiry as to how eminent domain
works
Kitty Miller, 12528 Arabian Way, spoke in support of the implementation
Phyllis Mehlman, 12911 Creek Park, spoke in support of the implementation
Steve Zuill, P.O. Box 873, parents reside on Welton Lane, spoke in support
Lois Fong-Sakai, 12133 Sage View, submitted a slip in support
The Council and staff responded to comments and inquiry of the public. General
discussion ensued regarding the primary locations where interest has been expressed,
noting that should anything develop, a workshop would be held for public input.
Mayor Cafagna called for a brief recess at 7:50 p.m.
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The Council reconvened at 8:00 p.m. with all members present.
ITEM 2 (205-02)
CAPITAL IMPROVEMENT PROJECTS
MULTI-YEAR FLEXIBLE PRIORITY PLAN
Introduction by City Manager Bowersox. The City and Agency together face a number
of major capital improvement requirements, as well as ongoing capital needs for existing
infrastructure. Currently, the Agency has authorized and staff is in the process of updating
the City's Master Plan for Sewer, Drainage and Water. In order to adequately plan for the
orderly construction and physical planning for needed improvements, and to insure
adequate financial resources aro available, a multi-year capital improvement plan is
necessary. The purpose of this report is to present the Council with an overview of the
proposed process for Council information and initial consideration.
Administrative Services Director Shafer provided a power point presentation that reviewed
the purpose and needs for the process, reviewed the recommended process for
developing a 5 year plan for the City's/Agency's capital improvement projects and allowed
for staff response to any questions and comments received. The presentation included:
an overview; key issues; review of key objectives; review of proposed process; a
breakdown of the ClP development process and a recommendation for the Council to
direct staff to include the 5 year ClP as part of the City's financial planning process. He
then responded to questions of the Council.
Motion by Councilmember Goldby, seconded by Deputy Mayor Emery, to approve the
recommendation. Motion carried unanimously.
ITEM 3 (203-18)
PRE-DEVELOPMENT CONFERENCE
APPLICANT: LAURA PACKER, OWNER: SUZIE SNOW
Introduction by City Manager Bowersox. This item is on the agenda at the applicant's
request. Council policy indicates that a pro-application request is considered advisory
only. Should the applicant wish to proceed, a formal application would need to be filed.
Development Services Director Fdtz provided a brief overview of the proposed project. In
November 1998, a boundary adjustment application was submitted to adjust four existing
lots on the property. Later, the applicant submitted a "revised" boundary adjustment for
a total of five lots, the four existing lots and a fifth lot, not legally created that fronts on Old
Coach. In order to legalize the fifth lot, the City must first approve a Certificate of
Compliance. Staff is requiring that a "conditional" COC be issued, with the condition that
the applicant process a tentative and final parcel map through the Council to increase the
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size of the illegally created pamel. It is important to note that only the lot created illegally,
has access to public right-of-way. The four remaining legal lots are technically land-locked
in their current configuration. The applicant has indicated an intent to file a revised
boundary adjustment application to "reconfigure" the five legal lots. It is the opinion of the
City Attorney that each of the reconfigured lots would then have to comply with the present
zoning policies of the General Plan and requirements of the Zoning Development Code.
Because of the topographic constraints of the property (average slope is 31.2%) as well
as the elongated shape of the property (equal to or greater than a depth-to-width ratio of
3:1), staff is concerned that not all five reconflgured legal lots would meet General Plan
and Zoning Code requirements, and thus, could not be approved for development.
The following people were present wishing to speak:
Bruce Tarzy, 15912 Ranch Hollow, stated he opposed the cluster concept
Greg Garratt, 401 "B"Street, San Diego, representing Tom Liguori, suggested
Council consider an environmental subdivision
Carlos Roya, 2600 La Costa, Encinitas, Real Estate Broker, representing the
property owner, Mrs. Snow, proposed Council approve a lot design that does not
conform to the General Plan
Susie Snow, 520 Cleveland, Escondido, property owner, stated she was willing
to work with staff to resolve any issues so that the property could be developed
Bruce Tabb, representing Environmental Development, Inc., made inquiry
regarding the opinion of the City Attorney on the Old Coach Property issue
Council concurred that Mrs. Snow should work with staff.
CLOSED SESSION
City Attorney Eckis stated that he had scheduled a closed session for discussion on
whether or not to initiate litigation under Government Code §54956.9(c) in one case. Prior
to the meeting, a settlement agreement was reached and must be disclosed publicly.
Additionally, a copy of the settlement document will be available in the City Clerk's Office
in the morning. Agreement has been reached with the owners of the Maderas Golf Course
which will enable them to open as early as this weekend. Terms were reached that will
result in an immediate deduction in the use of ground water for irrigation of the golf course
site by 50%. It requires immediate metering of the ground wells to determine how much
water is being used. The settlement assures the Council the power to determine after the
hydraulic study is completed, after public hearing, but before we release the ground water,
there shall be a long term agreement which retains their ability to require the property to
convert over to the exclusive use of reclaimed water when it becomes available. It requires
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the developer to deposit and maintain a deposit with the City of $25,000 cash for use at
the City's discretion to deepen the wells or build new wells for property owners in the
vicinity who are disadvantaged by this use of groundwater. Finally, a substantial cash
deposit or series of deposits in excess of $100,000 which the developer has made with the
City to guarantee the performance of some yet unfinished conditions of approval.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:20 p.m. on motion by Councilmember Goldby,
seconded by Councilmember Higginson.
~0r~ Anne-Peoples, City Cl[rk '
City of Poway
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