CC 2000 03-14 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CiTY COUNCIL REGULAR MEETING
MARCH 14, 2000
The Mamh 14, 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.
COUNClLMEMBERS 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 Shafer
Bob Thomas
Niall Fritz
Jim Howell
Deborah Johnson
Mark Sanchez
Leonard Zuniga
Javid Siminou
Patti Brindle
Ron Mittag
Garry MacPherson
Jim Nessel
Sam Arabzadeh
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
Sheriffs Lieutenant
City Engineer
City Planner
Economic Development Manager
Fire Division Chief
Senior Planner
Assistant Engineer II
Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Troops #604 and #607 presented the Colors and led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Ed Carboneau, 14073 Pomegranate, expressed his opinion on the management of the
Redevelopment Agency.
6872
Page 2 - CITY OF POWAY - March 14, 2000
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the
consent calendar as follows:
6. Ratification of Warrant Register for the period of February 14-18, 2000.(401-10)
Approval of Minutes - City Council
February 15, 2000 - Regular Meeting
February 22, 2000 - Regular Meeting
Approval of Comprehensive Annual Financial Report for Fiscal Year 1998-99.
(406-02)
10. Acceptance of Trident Center Landscape Improvements (LMD 87-1), Trident
Homes of Nevada, Inc., Applicant (TPM 97-08). (203-02)
11.
Approval of a Consultant Agreement Between the City of Poway and Construction
Quality Assurance Group (CQAG) for Specialized Building Construction Inspection
Throughout the City of Poway. (601-01 #1390)
12.
Adoption of Resolution Nos. 00-013 and 00-014 (2 City) Authorizing Congestion
Mitigation Air Quality Grant Project CMLG5428(007), Approving Program
Supplement M004 and Appropriating Funds in the amount of $354,000 for
Extension of a Fiber Optic Traffic Signal Communication Line. (401-30)
13.
Approval of Report of Administrative Actions Taken on City Council-Initiated and
Public Inquiry Items for the period of November 9, 1999 through February 14,
2000. (701-10)
14.
Award of Bid for the Poway Center for the Performing Arts Bollard Light and Tree
Up-Lighting Replacement (#1603) to Harbor Bay, Inc. in the amount of
$44,016.00. (Bids to be opened on 3/7/00) (602-01 #1392)
14.1
Approval of Positions on Pending Legislation: Oppose AB 1784: Internet Tax
Freedom Act, Continuation and Support AB 1806 Local Fiscal Relief: Property Tax
Revenue Allocation. (701-11 )
Motion carried unanimously.
6873
Page 3 - CITY OF POWAY - March 14, 2000
ITEM 1 (203-08)
ENVIRONMENTAL ASSESSMENT/
CONDITIONAL USE PERMIT 99-11
DEVELOPMENT REVIEW 99-13
APPLICANT: TOPPAN ELECTRONICS
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. This
is a request to construct a 460,000 square foot headquarters and manufacturing facility
on a 25.3 acre campus in three phases, at the southwest corner of Scripps Poway
Parkway and Stowe Drive.
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution No. P-00-18, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 99-11
and Development Review 99-13, Assessor's Pamel Number 323-090-74." Motion carried
unanimously.
ITEM 2 (203-02)
ENVIRONMENTAL ASSESSMENT
TENTATIVE PARCEL MAP 99-04
WHISPERING OAKS SUBDIVISION
APPLICANT: MCCULLOUGH/AMES DEVELOPMENT, INC.
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. 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.
Based on public input, additional conditions of approval are recommended as follows: 1 )
Glen Arven shall be reconstructed by the applicant as an emergency access driveway.
The existing paving shall be narrowed and landscaping added. The landscaping shall
be maintained by the homeowners within the project. 2) In addition to the proposed
onsite biological resource mitigation, the applicant shall acquire offsite a minimum of 10.7
acres of costal sage scrub habitat in the vicinity of the project site and preferably adjacent
to the San Dieguito River Park open space lands.
The following people were present wishing to speak:
Michael Hogan, 225 Broadway, San Diego, Attorney for the Mr. and Mrs. Swinton and
Mr. and Mrs. Ries, spoke in opposition.
6874
Page 4 - CITY OF POWAY - March 14, 2000
David Brunson, 17867 Joyas Ct., spoke in support.
Terry Kilpatrick, 1720 Bancroft St., San Diego, Attorney for Mr. and Mrs. Patton, spoke
in opposition.
Brett Ames, 11828 Rancho Bernardo Rd., applicant, spoke in support and responded to
questions of the Council.
Motion by Coun¢ilmember Goldby, seconded by Deputy Mayor Higginson, to close the
public hearing and adopt Planning Resolution No. P-00-19, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Environmental Assessment and
Tentative Parcel Map No. TPM 99-04, Assessor's Parcel Number 273-100-04." Motion
carried unanimously.
Council also directed staff to evaluate the City's slope calculation formula in light of
recent technological advances and bring back a report.
ITEM 3 (203-08)
CONDITIONAL USE PERMIT 99-17
DEVELOPMENT REVIEW 99-158
ADULT DAY CARE OPERATION
APPLICANTS: CONNIE HANOLD & MELODY PUTNAM
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to establish an adult day care operation utilizing an existing 2,384 square
foot house on a .5 acre lot located at 12705 Monte Vista Rd.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-00-20, entitled, "A Resolution of the
City Council of the City of Poway, California, Approving Conditional Use Permit 99-17
and Minor Development Review 99-158, Assessor's Parcel Number 275-460-54." Motion
carried unanimously.
Mayor Cafagna requested Item 21B, be heard at this time.
6875
Page 5 - CITY OF POWAY - March 14, 2000
ITEM 21B (1501-00)
MARCH
RELOCATE MIRAMAR BASED HELICOPTERS
Jerry Hargarten, 13622 Orchard Gate, President of the MARCH Coalition Fund, Inc.,
provided a brief verbal overview of the actions to date between MARCH and MCAS
Miramar and efforts to change the flight reute. He then requested reaffirmation of Council
support of MARCH's efforts to relocate Miramar based helicopters from populated areas.
The following people were present wishing to speak:
Lori Rivera, 12715 Gate Drive
BuT7 Rehman, 14216 Palisades Drive
Alan Dusi, 13944 Northcrest Lane
Jean Konicki, 15325 Skyridge Road
Dorothea Hover-Kramer, 15373 Skyridge Road
Tim Wilhelm, 15487 Vali Hal Road
Theresa Price, 13612 Sagewood Drive
Anh Nguyen, 14721 Fairtree Terrace
Gary Pennock, 15261 Vali Hai Road
George Dauphine, 13640 Ovedand Pass Road
Warren Coon, 16521 Corte Paulina
Sue Herndon, 16616 Espola Road
Leigh & Debbie Belden, 14365 Cheri Lane
Florence Laurenson, 12923 Glen Circle Road
DeAnne Erickson, 15051 Vali Hai Road
All speakers spoke in support of MARCH's efforts and requested continued Council
support of MARCH.
Motion by Councilmember Goldby, seconded by Councilmember Emery, to reaffirm their
support of MARCH's actions. Motion carried unanimously.
Mayor Cafagna called for a brief recess at 9:13 p.m.
Council reconvened at 9:20 p.m. with all Councilmembers present.
ITEM 4 (203-11)
GENERAL PLAN AMENDMENT 00-01
SPECIFIC PLAN AMENDMENT 00-01
RETIREMENT HOUSING FOUNDATION
6876
Page 6 - CITY OF POWAY - March 14, 2000
Staff report by City Manager Bowersox. The Retirement Housing Foundation is
proposing to construct and operate a new senior assisted living facility and an affordable
senior housing complex situated immediately west of the existing retirement facility (The
Gateway). The series of applications required to approve this project will include two
development review applications, two conditional use permits, a General Plan
amendment/zone change, a specific plan, a boundary adjustment, a variance and a
minor conditional use permit. These applications will be processed concurrently.
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to adopt
Resolution No. 00-015, entitled, "A Resolution of the City Council of the City of Poway,
California Initiating General Plan Amendment 00-01 and Specific Plan 00-01." Motion
carried unanimously.
ITEM 5 (1180-05)
CHAMBER OF COMMERCE
POWAY VISITOR SERVICES PROGRAM
Staff report by City Manager Bowersox. In February 1994, the City Council approved an
increase in the Transient Occupancy Tax (TOT) from 6-8 percent. At the request of the
Poway Chamber of Commerce, the proceeds derived from the TOT increase were
appropriated for use by the Chamber of Commerce for a Visitor Services Program. Since
1994, the Poway Chamber of Commerce has used this funding for such programs as
visitor information, relocation packets, special promotions, and referrals. Funds
appropriated are equivalent to 25 percent of the TOT receipts and have ranged from
$14,150 in Fiscal Year 1994-1995 to $18,385 in Fiscal Year 1999-2000. At this time the
Chamber of Commerce is in the process of reorganizing and redefining its programs of
which Visitor Services will be an essential program of benefit to the City. Due to
unforeseen circumstances, several regular revenue sources for the Chamber have not
met expectations. With an advance contract process, the City would pay the Chamber
in advance for Visitor Services and would receive quarterly accountings of the use of the
funds. If such a program were instituted for three years, the City would advance a
payment in the amount of $55,000. This would enable the Chamber to set long-term
goals and ensure that the Visitor Services Program continues to be provided in the
manner approved by the City Council. An annual reconciliation would also be required.
The following person was present wishing to speak:
Jim Piva, Chairman of the Poway Chamber of Commerce, spoke in support.
6877
Page 7 - CITY OF POWAY - March 14, 2000
General discussion ensued. Councilmember Rexford expressed concern with advancing
such a large sum when the current budget had not been used. Councilmember Emery
stated that a lump sum for the balance of this year would be okay but not beyond.
Councilmember Goldby spoke in support of appropriation of the additional funding.
Deputy Mayor Higginson stated that loans had been made throughout the years to other
non-profit groups such as the Poway Valley Senior Citizens group, the Foundation for
Performing Arts, ADAP, etc.
City Attorney Eckis responded to questions and concerns of the Council and stated that
the money could be earmarked for specific purpose and if it was not, the Council should
apply restrictive conditions so that the money is not used for political purposes with
regards to Municipal issues.
Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to appropriate
$36,650 for the Visitor Services Program for fiscal years 1999-2002 with the restrictive
condition as stated by the City Attorney. Motion carried 3-2 with Councilmember Emery
and Councilmember Rexford voting no.
ITEM 5.2 (1204-01)
SUNROAD ENTERPRISES
MADERAS COUNTRY CLUB
SYCAMORE CANYON WATER
Staff report by City Manager Bowersox. On August 5, 1999, the Council approved the
limited use of groundwater at the Maderas Country Club, owned by Sunroad Enterprises.
Sunroad was to limit groundwater use to no more than 50 percent of their total water use,
with the balance to be potable water purchased from the City. It was determined that the
arrangement would remain in effect until March 15, 2000, before which, the City Council
would have received and reviewed a hydrology study of the groundwater basin. The date
selected for City Council review was March 14, 2000 which was set in anticipation of the
study being completed for staff review by February 15, 2000. The study has not been
completed, which will necessitate ceasing of groundwater use at the golf course on
March 16, 2000 unless the Council approves a time extension.
The following people were present wishing to speak:
Steve DeBolt, 18353 Sycamore Creek Road, spoke in opposition to the extended use of
groundwater.
Tom Tremble, 18049 Old Coach Road, representing the Old Coach Homeowners
6879
Page 8 - CITY OF POWAY - March 14, 2000
Association, spoke in support of the extension.
Rick Vann, 1455 Frazee Road, San Diego, representing Sunroad Enterprises and
Maderas, spoke in support of the extension and responded to questions of the Council.
City Attorney Eckis responded to questions of the Council regarding the easement rights
for the raw water line.
Motion by Councilmember Rexford, seconded by Mayor Cafagna, to extend the use of
groundwater through May 31,2000. Motion carried unanimously.
CITY ATTORNEY ITEMS
16A.
City Attorney Eckis requested that the Closed Session, Conference with Labor
Negotiators per Government Code Section {}54957.6, Agency Negotiator:
James L. Bowersox, City Manager, Employee Organization Negotiator: Non
Safety Employees Teamsters Local 911 be continued to the March 21, 2000
meeting.
16B.
City Attorney Eckis stated that the Closed Session, Conference with Legal
Counsel, Pending Litigation pursuant to Government Code §54956.9(a)
Gary Rossio, Beverly Rossio, Peter Ellis, Sharon Ellis vs. City of Poway
San Diego County Superior Court Case Number: GIC 740587 need not be
held as the case was dismissed last Friday by the Court.
MAYOR AND COUNCIL-INITIATED ITEMS
17A.
Councilmember Emery requested and received concurrence from Council to
continue his item on the discussion of use of compact parking spaces in South
Poway Specific Plan to the meeting of March 21,2000.
18.
Councilmember Goldby requested staff bring back a report on the issues
discussed in a recent letter from Supervisor Jacob related to area codes.
20.
Councilmember Rexford requested staff investigate regulation and if none,
institute the proper policy for helicopters in the industrial park; staff to provide
information on how the Performing Arts Center selects groups to display their work
in the Center; reported that Poway would be getting a College within 7 years;
reported that Mitsubishi had backed out of building the salt plant in San Ignacio;
and stated she found the Planning Institute to be a very informative educational
experience.
6880
Page 9 - CITY OF POWAY - March 14, 2000
21.
MICKEY CAFAGNA
A. Mayor Cafagna received concurrence from Council to confirm Kathleen
Muela as Councilmember Rex'ford's appointment to the Redevelopment
& Housing Advisory Committee. (701-09)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 10:45 p.m. upon motion by Councilmember
Rexford, seconded by Councilmember Goldby.
-'~o ~,~e ~eoples, (~'t~'-~l~'rk
Cite of Poway
6881