CC 2000 02-01 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 1, 2000
The February 1,2000, 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
Warren Sharer
Bob Thomas
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid Siminou
Patti Brindle
Gary MacPherson
Steve Streeter
Jim Nessel
Jennifer Johnson
Diane Mann
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
Safety Services Division Chief
Principal Planner
Senior Planner
Management Analyst
Code Compliance Officer
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
CONSENT CALENDAR
Mayor Cafagna stated that a member from the public had requested Item 16.1 be removed
from the Consent Calendar for discussion. Motion by Deputy Mayor Higginson,
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seconded by Councilmember Rexford, to approve the remainder of the Consent Calendar
as follows:
7. Ratification of Warrant Register for the period of January 10-14, 2000. (401-10)
Approval of Minutes - City Council
January 4, 2000 - Regular Meeting
January 11, 2000 - Regular Meeting
10. City's Investment Report as of December 31, 1999.
(408-01)
11.
Status Report for Illegal Encampment Activities, October - December, 1999.
(704-10)
12. Award of Bid for the Performing Arts Center Ductwork Maintenance to Wescorp in
the amount of $19,944. (602-01 #1383)
13.
Adoption of Resolution No. 00-004 for Annexation into Landscape Maintenance
District 83-1A: Robert and Susan Grimes, Applicant. (705-07)
14.
Adoption of Resolution No. 00-005 for Annexation into Landscape Maintenance
District 86-1: Lakeview Developers, Applicant. (705-09)
15.
Approval of Facilities Use Agreement between the City of Poway and the Poway
Valley Senior Citizens Corporation for use of the Weingart Center Buildings at
Poway Community Park. (602-01 #105)
16.
Approval of $1,000 Community Contribution for the Poway Funtimers and The
Creative Arts and Communications Institute. (1180-05)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 522/SECOND READING
NON-RESIDENTIAL SEWER CLASSIFICATION
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 522, "An
Ordinance of the City of Poway, California Amending Section 13.03.010 of the Poway
Municipal Code by the Addition of a New, Non-Residential Sewer Classification." Staff
report by City Manager Bowersox. This is the second reading of an ordinance that
establishes a new classification entitled "Special Industrial Users."
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There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Emery, to close the
public hearing and adopt Ordinance No. 522. Motion carried unanimously on a roll call
vote.
ITEM 2 (203-04)
VARIANCE 99-20
APPLICANT: GEORGE MONTELLO
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request for a variance to allow a proposed 696 square foot garage addition (with
conversion of the existing garage to living space) to observe a 10 foot side yard setback
rather than the required 20 foot side yard setback. The property is located at 13243
Avenida La Valencia.
The following person was present wishing to speak.
Rolfe Broun, 13142 Silver Saddle Lane, expressed opposition to approval of a variance
which might set a precedence.
Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to close the public
hearing and adopt Planning Resolution No. P-00-10, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Variance 99-20 Assessor's Parcel
Number 275-620-13." Motion carried 4-1 with Councilmember Emery voting "no."
ITEM 3 (203-08)
CONDITIONAL USE PERMIT 88-19(M2) AMENDMENT
VARIANCE 99-17
DEVELOPMENT REVIEW 99-23
APPLICANT: ST. BARTHOLOMEW'S EPISCOPAL CHURCH, INC.
Mayor Cafagna opened the public headng. Introduction by City Manager Bowersox. This
is a request to construct a two-phased expansion, increase the number of students at the
existing school from 44 to 72 students and establish a right to a future religious day school
to the existing church campus at 16275 Pomerado road, on a 4.88 acre site, in the RR-C
zone. Phase 1 would consist of a new 12,575 square foot education building with
expansion of the school capacity. Phase 2 would replace the existing sanctuary with a
new larger one. The day school would be established at a future unknown date. A
variance is sought for the height of the new sanctuary building and for an encroachment
into the required side yard setback. Staff is recommending the variance be approved for
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the side yard setback only, and the development review be modified to reduce the building
height of the sanctuary to a maximum of 35 feet and the church bell tower to 50 feet.
The following people were present wishing to speak:
Larry Salvatori, 16275 Pomerado Road, spoke in support of the project at the requested
heights.
Rev. Gary Nicolosi, 16275 Pomerado Road, spoke in support of the project at the
requested heights.
A. Lewis Dominy, project architect, 2150 W. Washington. Ste. 303, San Diego, spoke in
support of the project at the requested heights.
Peggy Jack, 12068 Pastoral Road, San Diego, spoke in support of the project at the
requested heights.
Kevin Atkins, 12738 Indian Trails Road, requested information on the effect of the project
at the requested heights would have on his views.
Jeff Lepore, 12722 Indian Trails Road, requested information on the effect of the project
at the requested heights would have on his views.
Motion by Mayor Cafagna, seconded by Deputy Mayor Higginson, to approve the project
as requested with the 60' tower:
Motion withdrawn.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to continue the
item to February 15, 2000. Staff to work in the interim with the architect to get the building
to the 35' height limit and work with the neighbors who expressed concerns with view
obstruction by the tower height/width. Motion carried unanimously.
ITEM 4 (203-02)
ENVIRONMENTAL ASSESSMENT
TENTATIVE PARCEL MAP 99-04
WHISPERING OAKS SUBDIVISION
APPLICANT: MCCULLOUGH/AMES DEVELOPMENT, INC.
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is a request to subdivide a 40.14 acre
parcel at the northern terminus of Glen Arven Lane and the eastern terminus of Old Winery
Road into 4 rural residential lots with a minimum lot size of 4 net acres, and a 10.40 acre
dedicated public biological open space lot. Senior Planner Nessel provided an overview
of the cultural and biological resources.
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The following people were present wishing to speak:
Kelly Burt, 14224 Harrow Place, representing McCullough/Ames, spoke in support.
Jim Paul, 17924 St. Andrews Drive, expressed concerns with lights, view impact and the
need for a southern walking trail.
Terry Kilpatrick, 1720 Bancroft Street, San Diego, Attorney for Lynn Patton and Jim Paul
expressed the need for an EIR.
Cheryl Roddy, 17759 Valle Verde, expressed concerns regarding the initial proposal to
connect Old Winery Road and Glen Arven.
Susan Swinton, 13541 Old Winery Road, spoke in opposition to the initial proposal to
connect Old Winery Road and Glen Arven, increased traffic and safety and possible
environmental impacts.
Stephen Swinton, 13541 Old Winery Road, stated he did not believe the City had the dghts
to the easement on his property for the proposed road and the need for an environmental
review.
Michael Hogan, 225 Broadway, San Diego, Attorney for the Swintons', stated he felt and
EIR was needed.
David Brunson, 17876 Joyas Court, spoke in support of the proposed project.
Michael Madow, 17878 St. Andrews Drive, expressed concerns with looking down from his
property onto the proposed project.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to continue the
public hearing to February 15, 2000. Motion carried unanimously.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 85-03(M)
CONDITIONAL USE PERMIT 84-09
POWAY TOYOTA AND POWAY HONDA
Introduction by City Manager Bowersox. Staff report by Development Services Director
Fritz. This item was continued from the November 30, 1999 City Council meeting to allow
the applicant additional time to address the issues raised by the affected residents. The
staff report summarizes the progress made to date in addressing the concerns.
The following people were present wishing to speak:
Tim Zaitz, 14087 Jean-O-Reno, stated violations were still occurring such as the
compressor running on a Sunday, car washing in the evening, etc.
Michael Jaspering, 13253 Cicero Court, requested consideration to enclose the service
bays.
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Tom Bonesho, Executive Vice President of Sonic Automotive of Southern Califomia, stated
that they had taken over the dealerships effective December 1, 1999. He then provided
an update on the actions taken since then including: cutting the light wires to the back of
the buildings, cuffing the speaker cables, placing the compressors on timers (a power
outage caused them to come on that one Sunday), etc. He then informed the Council of
the funds they had expended to repair a wall, damage caused by the condo project tree,
costs incurred from damage to the cars and dealership since the lights have been shut off
at night etc. and responded to questions of the Council.
Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to direct staff
to continue to monitor the progress made by Poway Honda and Poway Toyota. Motion
carried unanimously.
ITEM 6 (1303-01)
SAN DIEGO COUNTY SHERIFF'S
PRIORITIZATION OF DISPATCH CALLS
Staff report by City Manager Bowersox. The Council requested staff provide a report on
the prioritization of dispatch calls. It is recommended the report be received and filed.
No objection as filed.
ITEM 6.1 (701-11 )
SENATE BILL 329 (PEACE)
SAN DIEGO REGIONAL INFRASTRUCTURE AND TRANSPORTATION AGENCY
Staff report by City Manager Bowersox. This Bill originated in the Senate, introduced by
Senator Peace pertaining to property taxation and electrical utilities. It then became an
Assembly Bill, gutted in September to become the San Diego Regional Infrastructure and
Transportation Agency creation bill. It has not had one single hearing. The Cities of Vista,
Encinitas, Escondido, National City, San Marcos, Solana Beach and El Cajon have
adopted Resolutions in opposition. The City of Cadsbad has this item on their agenda this
evening and is recommending a strong letter be sent. The Cities of Oceanside, Imperial
Beach, Chula Vista and Coronado have all sent letters expressing grave concems with the
way the bill is currently written.
Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to join in the
opposition of Senate Bill 329 via a strong letter to Senator Peace, and direct staff to
continue to monitor this very closely. Motion carried unanimously.
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ITEM 16.1 (701-11)
PENDING LEGISLATION
MARCH 2000 BALLOT PROPOSITIONS
The City has been notified of four propositions (Propositions 13, 14, 15 and 26) of interest
to local government on the Statewide Primary Ballot in March. In addition, the City has
been notified of AB 1544 (Calderon, Granlund, Perata) Spheres of Influence/City Authority,
which is pending before the State Legislature. Staff is recommending the Council support
Propositions 13, 14, 15 and 26, and oppose AB 1544.
The following person was present wishing to speak:
Anthony Pagano, 12852 Francine Terrace, spoke in opposition to Proposition No. 26 also
known as the "Let's Fix Our Schools" initiative which would reduce the number of votes
needed to pass local school bonds from the current two-thirds to a simple majority.
Council expressed their views as to why the proposition should be supported.
Motion by Councilmember Emery, seconded by Deputy Mayor Higginson, to support
Propositions 13, 14, 15 and 26 and oppose AB 1544. Motion carried unanimously.
CITY MANAGER ITEMS
17. City Manager Bowersox expressed condolences to Retired City Clerk Wahlsten, for
the tragic loss of her grandson.
CITY ATTORNEY ITEMS
18. City Attorney Eckis stated that he had joined the City in an Amicus Brief in Amelco
Electric vs. The City of Thousand Oaks.
MAYOR AND COUNCIL-INITIATED ITEMS
20. Councilmember Goldby requested staff look into the feasibility of adding an
additional DARE Officer for the Middle School.
22. Councilmember Rexford requested staff look into a citizen complaint she received
regarding a Watkins truck driver running a red light at Scripps Poway Parkway and
Pomerado Road.
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ADJOURNMENT
Mayor Cafagna adjourned the meeting at 10:00 p.m. on motion by Councilmember Goldby,
seconded by Councilmember Emery.
-~o~i-Anne-People~, City~ Clerk
City of Poway
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