CC 1999 12-07 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 7, 1999
The December 7, 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, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Sherrie Worrell
Steve Eckis
Warren Sharer
Bob Thomas
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Jennifer Johnson
City Manager
Deputy City Manager
Deputy City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
SELECTION OF DEPUTY MAYOR
Motion by Deputy Mayor Emery, seconded
Councilmember Higginson as Deputy Mayor.
Rexford absent.
by Councilmember Goldby to appoint
Motion carried 4-0, with Councilmember
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PRESENTATIONS
Mayor Cafagna presented Certificates of Appreciation to Past Committee Members: Dawn
Gary - Housing Commission and Mary Reed - Performing Arts Advisory Committee.
Certificates of Appreciation will be mailed to James Crosby - Housing Commission and
Jerry Leininger - Performing Arts Advisory Committee, as they were unable to attend the
meeting.
Council heard a brief verbal and power point presentation by Thella Bowens, Senior
Director of Aviation and Ted Sexton, Airport Planner of the Port of San Diego on the
current status of the San Diego International Airport Master Plan.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Louis Tooch, 14105 Powers Road, inquired as to the status of Trident Center
and the inability of tenants to move in due to signage issues.
Tom Fadey, 12601 Cobblestone Creek Road, wished the City Council a happy
holiday season.
Bill Barnick, 14645 Sunrise, stated that litigation against Sunrise Ranch had
been settled and urged Council to look into Esgil Corporation. He also stated
that the sewer rate structure was false and that a complaint would be filed with
Paul Ganns' office in regards to the violation of Proposition 13.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Goldby, to approve the
Consent Calendar as follows:
3. Ratification of Warrant Register for the period of November 15-19, 1999. (401-10)
Approval of Minutes - City Council
November 16, 1999 - Regular Meeting
November 23, 1999 - Canceled Regular Meeting
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6. City's Investment Report as of October 31, 1999.
(408-01)
Adoption of 2000 Calendar for Canceled Meetings, authorizing the cancellation of
March 7, April 11, May 30, July 4, July 25, August 8, August 22, September 5,
November 7, November 21, December 26 and January 2, 2001 Regular Meetings
and reschedule the July 6, September 7, December 7 and January 4, 2001
workshop meetings. (701-01 )
Award of Bid for Seven (7) New Trucks for Safety and Public Services to
Richardson of Poway in the amount of $166,075.07. (601-03)
Motion carried 4-0, with Councilmember Rexford absent.
ITEM 1 (701-04)
ORDINANCE NO. 520/
EXTENDING URGENCY ORDINANCE NO. 510
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 520, "An
Ordinance Extending Ordinance No. 510 Declaring a Partial Moratorium on Placement or
Construction of Accessory Buildings within Residential Rear Yard Setbacks, and Declaring
the Urgency Thereof". Introduction by City Manager Bowersox. On January 26, 1999,
Council adopted Ordinance No. 510 extending Urgency Ordinance No. 509. That
ordinance established a moratorium on the construction or placement of any accessory
building in excess of six feet in height within a residential rear yard setback area. This
ordinance requires a 4/5 vote to pass and would remain in effect for another year.
Overview of staff report by Development Services Director Fritz. At the April 27, 1999 City
Council meeting, staff was directed to use professional mediators to work with the
residents of StoneRidge and the Old Coach Collection. Four meetings have been held to
date, and the mediation process is continuing. To date, seventeen minor development
review applications have been processed for backyard structures and all requests have
been approved. If this ordinance is passed, it would continue for one year with the existing
regulations.
The following people were present wishing to speak:
Mark Rosen, 17050 Butterfield, spoke in opposition.
Pete Ellis, 13831 Tam O'Shanter Court, spoke in support.
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Bob Bowser, 13817 Tam O'Shanter Court, spoke in support.
Marianne Barth, 1730 Butterfield Trail, spoke in opposition.
Gary Rossio, 13823 Tam O'Shanter, spoke in support.
Albert Heller, 13837 Tam O'Shanter, spoke in support.
General discussion ensued.
Motion by Councilmember Emery, seconded by Councilmember Goldby to continue the
public hearing to December 14, 1999. Motion carried 4-0, with Councilmember Rexford
absent.
ITEM 2 (203-02)
TENTATIVE PARCEL MAP 98-15
APPLICANT/OWNER: SOUTH COAST
CIVIL ENGINEERING/ERROL YEAGER
Motion by Councilmember Emery, seconded by Deputy Mayor Higginson to remove the
item from the agenda. Motion carried 4-0, with Councilmember Rexford absent.
CITY ATTORNEY ITEMS
10.
City Attorney Eckis stated that the Amicus Brief that he had entered the City into
with the City of Riverside had been settled and that the Court of Appeals
determined that street lights are an integral fixture in a city and are exempt from
Proposition 218.
City Attorney Eckis stated that he had entered the City into an Amicus Brief with
the City of Clovis in regards to due process and the award of monetary damages
by the court.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
12.
Councilmember Goldby asked the City Manager to look into the property south of
Big Stone Lodge. He also asked questions regarding the use of eminent domain
which were responded to by the City Attorney.
15. Mayor Cafagna wished all present a happy holiday season.
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ADJOURNMENT
Mayor Cafagna adjourned the meeting at 8:35 p.m. on motion by Councilmember Goldby,
seconded by Councilmember Emery.
Sherrie D. Worrell, Deputy City Clerk
City of Poway
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NOTICE
NOTICE IS HEREBY GIVEN THAT THE DECEMBER 7, 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 Goldby
seconded by Councilmember Emery,
Chairman Cafagna ordered the meeting
adjourned to
Thursday, December 9, 1999 at 6:00 p.m.
in the Council Chambers, 13325 Civic Center
Drive, Poway, California. The time of
adjournment was 8:35 p.m.
Sherfie D. Worrell, Deputy City Cl~rk
Dated: December 8, 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 December 8, 1999
Sherrie D. Worrell, Deputy City Cle(r,k