CC 1999 11-09 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 9, 1999
The November 9, 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, Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Bob Thomas
Niall Fritz
Jim Howell
Deborah Johnson
John Tenwolde
Javid Siminou
David Narevsky
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
City Engineer
Redevelopment Agency Manager
Principal Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PROCLAMATIONS
Mayor Cafagna read into the record a proclamation declaring December 1999 as "Toys for
Tots Program Drive Month."
Mayor Cafagna then announced the passing of Riley Fleischman on Sunday, November
7th at the age of 81. Riley, was a long-time, active, resident of Poway. He was a volunteer
with the Poway Sheriff's Station and was one of the first participants for the Senior
Volunteer Patrol. He also served as a Park Ranger in 1993. The meeting will be
adjourned in his memory.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Tom Scott, 13038 Creek Park Dr., President of the Community Housing of North County,
introduced others from his organization, congratulated Council on the one year anniversary
of Park View Terrace and presented them with copies of the Urban Land Institute's new
book "State and Local Affordable-Housing Programs" which featured Park View Terrace
on the cover.
Linda Gaut, 13664 Adrian Street, spoke regarding craft events held at their house and
requested assistance in the permit process.
CONSENT CALENDAR
Mayor Cafagna noted that Item 8 was being pulled from the Consent Calendar as it was
a companion item to Item 1 and could not precede approval of Item 1, and Item 10.1 was
be pulled for discussion. Motion by Councilmember Goldby, seconded by Deputy Mayor
Emery, to approve the Consent Calendar as follows:
Ratification of Warrant Register for the period of October 11-15, 1999 and October
18-22, 1999. (401-10)
Approval of Minutes - City Council
October 19, 1999 - Regular Meeting
7. City's Investment Report as of September 30, 1999.
(408-01)
Award of Bid for Community Road Park and Ride Landscape Improvements to Fox
Construction in the amount of $22,850. (602-01 #1370)
10.
Approval of Joint Exercise of Powers Agreement for Participating Agencies to
Finance their Share of Capital Improvements for the Metropolitan Sewage System.
(602-01 #1371)
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10.2
Approve the appropriation of $54,625 from the Unappropriated General Fund
balance and direct staff to loan said funds to the Habitat Mitigation In-Lieu Fee
Fund; approve the appropriation of $3,500 from said In-Lieu Fee account for
expenditures related to the property appraisal; authorize the expenditure of
$262,250 to acquire an exclusive easement over 52.45 acres of the Kimball Living
Trust property located west of Highway 67 and adjacent to Westview Road.
(1002-01)
Motion carried unanimously.
ITEM 1 (203-01)
TENTATIVE TRACT MAP 89-13R(3)
OLD COACH GOLF ESTATES
APPLICANT: OLD COACH REALTY, INC.
Mayor Cafagna opened the public headng. Introduction by City Manager Bowersox. This
is a request to revise the resolution for the street standard for five residential lots, a portion
of 708 acres located at the northerly extension of Del Paso Drive. This item was continued
from the meeting of October 26, 1999, Item No. 3.
Overview of staff report by Development Services Director Fritz. The applicant has
requested a modification to Del Paso Ddve, from a 24 foot wide private street to a 36 foot
wide public street, thus requiring modifications to the odginal conditions of approval. Staff
is recommending approval.
The following people were present wishing to be speak:
Dale Smith, 17743 Del Paso Drive, expressed concerns about sewer, water and
electrical service interruptions.
Paul Salts, 17732 Del Paso Drive, expressed concerns with interruption of utility
services, street access to his residence and sewer connection timing by the
developer to the Del Paso Drive residences under the prior conditions of approval
for the project.
Bruce Tabb, representing Old Coach Realty, Inc., applicant, responded to questions
and comments from the Council, staff and public.
Motion by Councilmember Higginson, seconded by Councilmember Goldby, to close the
public hearing and adopt Resolution No. P-99-77, entitled, "A Resolution of the City Council
of the City of Poway, Califomia Modifying Resolution No. P-90-34 for Tentative Tract Map
89-13 Revised (3) Assessor Parcel Numbers 277-170-09 & 13". Staff to ensure the
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developer and property owners on Del Paso Drive work out their issues regarding the
connection of their sewer lines to the new line. Motion carried unanimously.
Mayor Cafagna requested that companion Item 8 be heard at this time.
ITEM 8 (203-01)
FINAL MAP FOR TRACT MAP 89-13R
APPLICANT: THE HERITAGE
Introduction by City Manager Bowersox. This item approves the Final Map for Tract Map
89-13R, The Heritage, Phase 1, Unit 2.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to adopt
Resolution No. 99-089, entitled, "A Resolution of the City Council of the City of Poway,
California Ordering the Expansion of Poway Landscape Maintenance Distdct No. 86-1 and
City of Poway Lighting District, Zones A and C, with the Annexation of APNs 277-170-07
and 277-170-09 by Written Consent of Property Owners." Motion carried unanimously.
ITEM 2 (203-04)
VARIANCE 99-14
APPLICANT: DONALD ROWEAN
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request for a variance to allow a proposed 325 square foot addition to observe a 10
foot front yard setback when 25 feet are required, for property at 13540 Cloudcroft Court.
There was no one present wishing to speak.
Motion by Deputy Mayor Emery, seconded by Councilmember Rex'ford, to close the public
hearing and adopt Planning Resolution No. P-99-78, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 99-14 Assessor's Parcel
Number 273-161-05." Motion carried unanimously.
ITEM 3 (1402-01)
POWAY CENTER FOR THE PERFORMING ARTS
TENTH ANNIVERSARY CELEBRATION
Staff report by City Manager Bowersox. Council is being asked to approve the plans and
budget for a gala fundraising event to take place on May 20, 2000 to commemorate the
Tenth Anniversary of the opening of the Poway Center for the Performing Arts and to
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approve funds for a one to one dollar match of the net proceeds from the fundraising event
to be used to purchase and install an orchestra pit hydraulic lift, as originally included in
the architect's design for the Center.
Motion by Councilmember Higginson, seconded by Councilmember Goldby, to allocate
$15,000 as seed money for the event; encumber up to an additional $35,000 as a one for
one dollar match for the net proceeds of the fundraising event, for the purpose of
purchasing and installing an orchestra pit lift; and approve the creation of a Steering
Committee to advise and assist staff in the planning and execution of the event. Motion
carried unanimously.
ITEM 3.1 (1180-05)
FUNDING REQUEST
PROJECT PRESERVATION
Staff report by City Manager Bowersox. The City has received a request from the
Grossmont-Cuyamaca Community College District for $5,000 in seed money to fund
Project Preservation. Project Preservation is designed to combine a wildlife preserve, an
observatory and a horticulture facility within the environment of the Iron Mountain Ridge
Preserve, an area of sensitive native habitat in the foothills of San Diego County. The
proposed acquisition of Iron Mountain Preserve will connect 13 adjoining preserves which
include areas in the City of Poway such as the Blue Sky Ecological Reserve, Mount
Woodson Preserve, and the Mount Beatrice Preserve.
Mark Hanson, representing the Grossmont-Cuyamaca Community College District, stated
he was present to answer questions and thanked Council for their consideration of support.
Motion by Deputy Mayor Emery, seconded by Councilmember Rexford, to appropriate
$5,000 from the unappropriated General Fund Reserve to provide funding for Project
Preservation. Motion carried unanimously.
Mayor Cafagna requested that Item 10.1 which was pulled from the Consent Calendar be
heard at this time.
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ITEM 10.1 (602-01 #273R)
REVISED SUBORDINATION
DISPOSITION AND DEVELOPMENT AGREEMENT
MATT TRAVIS (APN 317-190-44)
Staff report by City Manager Bowersox. The Council and Redevelopment Agency
approved a Disposition and Development Agreement with Matt Travis in 1997. Under the
terms of the DDA, the Agency sold APN 317-190-44 for $450,000 and took back a note for
$360,000 secured by the property. In 1998, the Agency Board approved a Subordination
Agreement to subordinate the note to a construction loan of $1,300,000. A request has
been received to subordinate our note to permanent loans in the amount of $1,851,000.
Bank of America, the pdmary lender, has done an appraisal of the site and determined the
value at $2,300,000. The proposed loans plus the amount owed of $360,000 combined,
do not exceed the value of the land and improvements. The first installment of $90,000
is due December 1, 1999, which reduces the amount owed on the property. Staff is
recommending approval of the Revised Subordination request.
Motion by Mayor Cafagna, seconded by Deputy Mayor Emery, to approve the Revised
Subordination request. Motion carried unanimously.
ClTY MANAGERITEMS
City Manager Bowersox spoke of the loss to the community of Riley Fleischman.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
14.
Councilmember Goldby stated that he had participated in and commended the
Sheriff's Department, local businesses and residents for their fundraising event for
Mr. Gomez, a long-time landscape worker who was assaulted and robbed in
October of cash and his immigration papers. The efforts raised over $1,400.
16A.
Councilmember Rexford proposed the adoption of a Resolution urging Mitsubishi
Corporation to withdraw plans to build a salt works plant at Laguna San Ignacio and
directing an analysis of the City of Poway investments in order to determine whether
any securities of the Mitsubishi Corporation are being held. Locating of the plant
there would endanger the gray whale and other marine animals such as the
endangered sea turtles.
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Motion by Councilmember Rexford, seconded by Deputy Mayor Emery, to adopt
Resolution No. 99-090, entitled, "A Resolution of the City Council of the City of
Poway, Califomia Urging Mitsubishi Corporation to Withdraw Plans for a Salt Works
Plant at Laguna San Ignacio and Directing a Review of the city's Investment
Portfolio to Determine Financial Investment with Mitsubishi Corporation in Order to
Assess Consideration of Divestiture." Motion carried unanimously.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:15 p.m. on motion by Councilmember
Higginson, seconded by Councilmember Rexford, in memory of Riley Fleischman, a long-
time resident of Poway who passed away Sunday, November 7th at the age of 81.
~or[ Anne-PeoPles, (~ity~(~lerk-
City of Poway
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