CC 1999 12-14 CiTY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 14, 1999
The December 14, 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, Betty Rexford, Mickey Cafagna
COUNClLMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Bob Thomas
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Patti Brindle
Steve Streeter
Jim Nessel
Ron Mittag
Kris Gridley
Jennifer Johnson
City Manager
Deputy City Manager
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
City Planner
Principal Planner
Senior Planner
Economic Development Manager
Redevelopment Coordinator
Management Analyst
PLEDGE OF ALLEGIANCE
Mayor Cafagna led the Pledge of Allegiance.
68O4
Page 2 - CITY OF POWAY - December 14, 1999
PROCLAMATION
Mayor Cafagna presented the members of Friday Night Live with a proclamation declaring
the Month of December 1999 as "National Drunk and Drugged Driving Prevention Month."
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Michael Neufeld, 13172 Poway Road, representing the Poway Chamber of Commerce
announced a new discount program titled, "Member - 2 - Member."
Jim Radcliffe, 13961 Umbria Way, representing himself and the Umbria Hills Estates
Homeowners, spoke regarding neighborhood vandalism and trespassing issues and
requested assistance from the Sheriffs Department in prosecution.
Ed Carboneau, 14073 Pomegranate, spoke regarding Housing Commission issues.
Michael Saylor, 12308 Buckskin Trail, requested assistance on issues related to the
Pomerado Road sound wall and his property.
CONSENT CALENDAR
Mayor Cafagna stated that he had received a public request to pull Item 20 from the
Consent Calendar. Motion by Councilmember Goldby, seconded by Councilmember
Emery, to approve the remainder of the Consent Calendar as follows:
9. Ratification of Warrant Register for the period of November 22-26, 1999. (401-10)
10.
Adoption of Resolution No. P-99-85 - Approving Underground Waiver 99-01, Ray
Sims, Vision Homes, Applicant: A request to waive the requirement for underground
of existing overhead lines along the northern 662 feet of the property on Lake
Poway Road. (203-23)
12. Annual Review of Development Agreement with W.H. Pomerado LLC.
(602-01 #400)
13. Annual Review of Development Agreement with Poway Partners, LLC for Wet'n
Wild. (602-01 #1199)
6805
Page 3 - CITY OF POWAY - December 14, 1999
14. Annual Review of Development Agreement with Tech Business Center.
(601-01 #835)
15.
Annual Review of Development Agreement with Tech Business Center for the
Development of Poway Corporate Center. (602-01 #836)
16.
Annual Review of Development Agreement with Parkway Development, LLC.
(602-01 #626)
17.
Annual Review of Development Agreement with Trident Homes of California, Inc.,
and Shea Homes Limited Partnership. (602-01 #874)
18. Annual Review of Development Agreement with Environmental Development, Ltd.
(602-01 #830)
19.
Approval of Report of Administrative Action Taken on City Council-Initiated and
Public Inquiry Items for the period of August 3, 1999 through November 15, 1999.
(701-10)
20. Status of Pending Legislation: 1999 Summary of Legislative Activities. (701-11)
20.1 Appropriation of funds and award of contract to McGraw/Baldwin Architects for a
Space Analysis for the City Hall Remodel Project. (602-01 #1379)
Motion carried 4-0, with Deputy Mayor Higginson absent.
ITEM 1 (701-04)
ORDINANCE NO. 519/SECOND READING
STOWE DRIVE SPEED LIMIT
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 519, "An
Ordinance of the City of Poway, California Amending Section 10.32.010 of the Poway
Municipal Code to Establish a 45 MPH Speed Limit on Stowe Drive, from Pomerado Road
to Scripps Poway Parkway." Staff report by City Manager Bowersox. This is the second
reading of an ordinance that establishes the speed limit on Stowe Drive.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public
hearing, waive further reading and adopt Ordinance No. 519. Motion carried 4-0 with
Deputy Mayor Higginson absent on a roll call vote.
6806
Page 4 - CITY OF POWAY - December 14, 1999
ITEM 1.1 (701-04)
ORDINANCE NO. 520
EXTENSION OF URGENCY ORDINANCE NO. 510
ACCESSORY BUILDING MORATORIUM
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 520, "An
Interim Ordinance of the City of Poway, California 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." Staff report by City
Manager Bowersox. On January 26, 1999, the Council adopted Ordinance No. 510
extending Urgency Ordinance No. 509 which 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. At the April 27, 1999 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.
Adoption of Ordinance No. 520 will extend the Interim Ordinance to December 14, 2000
or until the conclusion of mediation.
The following people were present wishing to speak:
Christina Gal, 17040 Butterfield Trail, spoke in opposition to the extension of the ordinance.
Marianne Barth, 17030 Butterfield Trail, spoke in opposition to the extension of the
ordinance.
Joe St. Lucas, 13033 Earlgate Ct., spoke in opposition to the extension of the ordinance.
Beverly Rossio, 13823 Tam O'Shanter Ct., spoke in support of the extension of the
ordinance.
Buz Rufe, 17411 Tam O'Shanter Dr., spoke in support of the extension of the ordinance.
Bob Bowser, 13817 Tam O'Shanter Ct., spoke in support of the extension of the ordinance.
Mark Rowson, 17050 Butterfield Trail, spoke in opposition to the extension of the
ordinance.
General discussion ensued.
68O7
Page 5 - CITY OF POWAY - December 14, 1999
Motion by Councilmember Goldby, seconded by Councilmember Emery, to close the public
hearing and adopt Ordinance No. 520. Motion failed 3-1 with Mayor Cafagna voting no
and Deputy Mayor Higginson absent.
ITEM 2 (701-04)
ORDINANCE NO. 521/FIRST READING
TREES
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 521, "An
Ordinance of the City of Poway, California Amending Chapter 12.32 of the Poway
Municipal Code Relating to Trees, Establishing a Tree Board, and Establishing and
Maintaining Generally Accepted Urban Forestry Practices." Staff report by City Manager
Bowersox. The proposed ordinance expands the City of Poway's urban forestry program
provisions. In addition to adopting standard professional practices for the short and long-
term care of trees, it will bring Poway into compliance with the State Department of
Forestry and Fire Prevention's basic requirements to become a Tree City USA.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to waive further
reading and continue the public hearing to January 4, 2000 for second reading and
adoption. Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 3 (203-04)
VARIANCE 99-16
MINOR DEVELOPMENT REVIEW 99-107
APPLICANT: TIM CONNOLE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct a 5,079 square-foot, multi-level residence on a vacant 3.95 acre
property located at the easterly terminus of Orchard View Lane. The applicant is also
requesting a variance to allow a portion of a single retaining wall to be 15 feet high and a
paired set of retaining walls to be 7 feet and 7.5 feet high when the maximum height
allowed in the zone is 6 feet.
The following people were present, wishing to speak:
Bob Boone, 15140 Country Hill Rd., spoke in support of the project but in opposition of the
retaining walls.
Tim Connole, 4570 Conrad Dr., La Mesa, applicant, responded to questions of the Council.
68O8
Page 6 - CITY OF POWAY - December 14, 1999
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution No. P-99-86, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 99-16 and Hillside/Ridgeline
Minor Development Review 99-107 Assessor's Parcel Number 321-031-30." Motion
carried 3-1 with Councilmember Emery voting no and Deputy Mayor Higginson absent.
ITEM 4 (203-24)
MINOR CONDITIONAL USE PERMIT 99-08
APPLICANT: DIXlELINE LUMBER COMPANY
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to allow 10' deep x 40' long x 8'6" high mini storage unit to be placed on the
side of the building outside of the 20 foot wide minimum fire lane; compliance for the
existing outdoor storage of materials to the side of the Dixieline Lumber building; and the
outside display of merchandise in front of the building at 13345 Poway Road. Staff has
met with the branch manager for Dixieline and recommends a continuance to January 4,
2000 to further consider placement and options.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Mayor Cafagna, to continue the public
hearing to January 4, 2000. Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 5 (203-24)
MINOR CONDITIONAL USE PERMIT 99-10
APPLICANT: GREG AGEE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to add eight lights to a recently approved tennis court which is to be
constructed on a vacant lot located at 18515 Old Coach Way.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution No. P-99-87, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Minor Conditional Use Permit 99-10
Assessor's Pamel Number 277-202-01 ." Motion carried 4-0 with Deputy Mayor Higginson
absent.
68O9
Page 7 - CITY OF POWAY - December 14, 1999
ITEM 6 (401-03)
NOTICING REQUIREMENTS
COMMUNITY DEVELOPMENT BLOCK GRANT
Staff report by City Manager Bowersox. This report provides information regarding the
public notification requirements and procedures for Poway's CDBG Program. After
reviewing the applicable guidelines and the procedures of similar cities, staff has
determined that Poway's current procedure for public notification, in combination with the
noticing that is done by the County of San Diego, meets all of the HUD requirements for
the allocation of CDBG funds and provides for reasonable public input consistent with the
City of Poway's procedures for public noticing.
The following person was present wishing to speak:
Chris Cruse, 13734 Utopia, expressed her opinions on the Poway News Chieftain, that
a greater attempt should be made to reach Iow income citizens and that the Starridge
Park neighborhood input was not fully implemented.
Council stated no objection as filed.
ITEM 7 (1180-05)
REQUEST FOR FINANCIAL ASSISTANCE
BOYS AND GIRLS CLUB INLAND NORTH COUNTY
Staff report by City Manager Bowersox. This report pertains to a request for Financial
Assistance from the Boys and Gifts Club of Inland North County and Site Selection. The
report presents a summary of potential sites for a new Boys & Girls Club facility.
Councilmember Emery suggested three additional sites: the current For Parents' and Kids'
Sake location, property at the end of Eisenhower, and property at the end of
Meadowbrook.
The following person was present wishing to speak:
Chris Cruse, 13734 Utopia, expressed her views on the item and stated that she was told
that although staff had indicated the Starlight Stables was not available for sale, that it
was,
6810
Page 8 - CITY OF POWAY - December 14, 1999
Motion by Councilmember Rexford, seconded by Councilmember Emery, to approve the
appraisal of sites I and 2 and have staff look at the three additional properties suggested.
Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 8 (704-02)
RESOLUTION OF VIOLATIONS
WELLS PROPERTY
17083 OLD COACH ROAD
Staff report by City Manager Bowersox. This item addresses the resolution of violations
on the Wells property located at 17083 Old Coach Road. It is recommended that Council
authorize staff to approve the grading plan and issue the grading permit contingent upon
the property owner's compliance with the recommended Restoration/Mitigation as
described in the report.
City Attorney Eckis recognized the Wells' attorney present in the audience and
commended the work done by and with all of the agencies involved.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to accept and
file the report and authorize staff to approve the grading plan and issue the grading permit
contingent upon the property owner's compliance with the recommended
Restoration/Mitigation plan. Motion carried 4-0 with Deputy Mayor Higginson absent.
ITEM 8.1 (204-02)
STATUS REPORT
YEAR 2000 READINESS & CONTINGENCY PLANNING
Staff report by City Manager Bowersox. This report covers the final actions taken to bring
the City's computer, telecommunications systems and equipment with embedded chip
controllers in compliance with Year 2000 requirements. The report also describes the
contingency preparations and plans now in place in the unlikely event of an interruption
of critical services provided by outside sources.
Council stated no objection as filed.
ITEM 20 (701-11 )
STATUS REPORT ON PENDING LEGISLATION
Staff report by City Manager Bowersox. This report contains a summary table of the
measures and the positions taken by the City Council on each bill.
6811
Page 9 - CITY OF POWAY - December 14, 1999
The following person was present wishing to speak:
Chris Cruse, 13734 Utopia, requested consideration of AB 1475 funds for installation of
bicycle lanes on Pomerado Road.
Council stated no objection as filed.
CITY MANAGER ITEMS
21. City Manager Bowersox requested and received concurrence from Council to
change the January 6, 2000 workshop to January 20, 2000.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23. Councilmember Emery requested staff bring back a report on the notification
process on grading projects and variance granting on hillside/ridgeline.
27. Mayor Cafagna recognized City Clerk Peoples on her acceptance into the
International Institute of Municipal Clerks Academy for Advanced Education.
He then stated that he had received a request from Sunroad Enterprises regarding
the Maderas Country Club groundwater use and asked if there was Council interest
to place it on an agenda. He did not receive concurrence.
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:42 p.m. on motion by Councilmember Goldby,
seconded by Councilmember Emery.
LorilAnne Peoples, (~t~-cli~rk -
City of Poway
6812