CC 2000 04-25 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
APRIL 25, 2000
The April 25, 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, Mickey Cafagna
COUNClLMEMBERS ABSENT AT ROLL CALL
BeEy Rexford
STAFF MEMBERS PRESENT
James Bowersox
Lori Anne Peoples
Steve Eckis
Warren Sharer
Bob Thomas
Niall Fritz
Dennis Quillen
Deborah Johnson
Mark Sanchez
John Tenwolde
Javid $iminou
Patti Brindle
Steve Streeter
Jim Lyon
Michael Putnam
Ron Mittag
Jennifer Johnson
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Development Services
Assistant Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Engineer
City Planner
Principal Planner
Associate Planner II
Per[orming Arts Center Manager
Economic Development Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Higginson led the Pledge of Allegiance.
PRESENTATIONS
Mayor Cafagna presented Connie Brock who accepted a position at The Arbors Assisted
Living Center, Rancho Penasquitos, with a Plaque of Appreciation recognizing her
Exemplary Service to the Weingart Senior Center and the Residents of Poway from
August 1994 to April 2000. Ms. Brock thanked the Council and staff for their support.
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Council then heard a brief presentation on the Alcohol, tobacco and Other Drugs
Prevention Program (ADOT) Sponsored by the Boys and Girls Club and SWAC. Rob,
Senior Branch Director of the Inland North County Boys and Girls Club responded to
questions of the Council and introduced Poway High School Students Blair Baumann and
Noah Gold who presented the Council with their sport trading cards and gave a brief
verbal overview of their program.
Mayor Cafagna then requested Item 7 be heard at this time.
ITEM 7 (701-17)
EAGLE SCOUT COMMENDATIONS
MATTHEW DONALD HIGGINSON
COLBY JAMES HIGGINSON
Introduction by Mayor Cafagna. Staff report by City Manager Bowersox. On January 13,
2000, Councilmember Emery requested that staff prepare an agenda item to formally
recognize scouts who reach the rank of Eagle Scout. Only about 2.5 percent of all Boy
Scouts achieve this rank. The special significance extends beyond scouting into higher
education, business or industry and community service.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to adopt
Resolution No. 00-027, entitled, "A Resolution of the City Council of the City of Poway,
Califomia, Commending Eagle Scout Matthew Donald Higginson," and Resolution No. 00-
028, entitled, "A Resolution of the City Council of the City of Poway, California
Commending Eagle Scout Colby James Higginson." Motion carried 4-0 with
Councilmember Rexford absent.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Bill Cross, 13105 Corona Way, thanked the Council and staff for their support in the
establishment of a Food Bank Distribution Center which will open Thursday, April 27,
2000.
CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
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11. Ratification of Warrant Register for the period of April 3 - 7, 2000. (401-10)
12.
Approval of Minutes - City Council
April 4, 2000 - Regular Meeting
April 6, 2000 - Regular Adjourned Meeting
April 11, 2000 - Canceled Meeting
14.
15.
16.
16.1
Motion
Adoption of Resolution No. P-00-30 - Approving Temporary Use Permit 00-20,
Society of Creative Anachronism, Inc., Applicant: A request for approval to hold a
one day medieval event at the Poway Community Park on May 13, 2000.
(203-07)
Approval of Housing Programs Manager Class Specification and Salary Range.
(504-05)
Acceptance of Landscaping and Signage at the Community Road Park and Ride
Lot (#1269) and Appropriation of $7,300 from the City's Amended TDA Claim for
FY 99-00. (602-01 #1370)
Approval of Positions on Pending Legislation: Oppose AB 2750 Public Works
Contracts: Competitive Bidding, AB 2182 Bidding Procedures: Alternative Bids; AB
2651 Highways: Counties: Encroachment Permits, AB 2043 Workers'
Compensation: Injuries, AB 2389 Local and Regional Government: San Diego
Regional Infrastructure and Transportation Agency, SB 1848 Vehicle Weights, AB
2761 Public Entities: Contracts, AB 2222 Civil Rights: Disability; Support AB 2767
Vehicles: Engineering and Traffic Surveys, AB 2187 Alcoholic Beverages: Local
Ordinances; Open Containers, AB 2624 State Mandated Local Programs, AB 2451
Motor Vehicle Fuel Taxes: Local Roads. (701-11 )
carried 4-0 with Councilmember Rexford absent.
ITEM I (203-11)
GENERAL PLAN AMENDMENT 00-0lA
ZONE CHANGE 00-01
SPECIFIC PLAN 00-01
CONDITIONAL USE PERMITS 00-02 AND 00-03
DEVELOPMENT REVIEWS 00-02 AND 00-03
MINOR CONDITIONAL USE PERMIT 00-001
VARIANCE 00-01
APPLICANT: RETIREMENT HOUSING FOUNDATION
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Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to change the General Plan and zoning of an 18.85-acre split-zone parcel;
construct an 84-unit affordable senior housing complex and a 66-unit assisted living facility
on an existing 3.36-acre and adjoining 18.85-acre pamel located near the eastern terminus
of Gateway Park Drive. The item was continued from April 18, 2000, Item 5.
The following people were present wishing to be heard:
Rebecca Lindsay, 16718 Avenida Florencia, representing: Green Valley Civic Association
stated that their Board had voted to support.
Elinor Lueth, 12635 Pedriza Road, spoke in opposition.
Diane Hoist, 12646 Pedriza Drive, spoke in opposition.
Earl Clampett, 12623 Pedriza Drive, stated he was neutral.
David Lomnitzer, 12647 Pedriza Drive, stated he was neutral.
Allan Haynie, 701 B Street, Suite 2100, San Diego, representing the Retirement
Housing Foundation, spoke in support.
Richard Washington, 911 N. Studebaker Road, Long Beach, representing the
Retirement Housing Foundation, spoke in support.
Motion by Councilmember Emery, seconded by Councilmember Goldby, to issue a
Negative Declaration and adopt Planning Resolution No. P-00-31, entitled, '%
Resolution of the City Council of the City of Poway, California Approving Conditional
Use Permit 00-02 and Development Review 00-02 Assessor's Parcel Numbers 275-
780-04, -07," Planning Resolution No. P-00-32, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Conditional Use Permit 00-03 and
Development Review 00-03 Assessor's Parcel Number 275-780-05," Planning
Resolution No. P-00-33, entitled, "A Resolution of the City Council of the City of Poway,
California Approving MCUP 00-001 Assessor's Parcel Numbers 275-780-04, 05 & 07,"
Planning Resolution No. P-00-34, entitled, '% Resolution of the City Council of the City
of Poway, California Approving Variance 00-01 Assessor's Parcel Number 275-780-5,"
Resolution No. 00-026, entitled, "A Resolution of the City Council of the City of Poway,
California Amending the Land Use Element of the General Plan of the City of Poway
General Plan (GPA 00-0IA)," waive further reading of Ordinance No. 523, entitled, "An
Ordinance of the City of Poway, California Changing the Zoning Classification of
Certain Property (ZC 00-01 )," and Ordinance No. 524, entitled, "An Ordinance of the
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City of Poway, California Creating Specific Plan 00-01 (SP 00-01)," and continue the
public hearing to May 9, 2000 for second reading and adoption. Motion carried 4-0 with
Councilmember Rexford absent.
ITEM 2 (701-04)
ORDINANCE NO. 525/FIRST READING
REGULATION OF SlGNAGE/KIOSKS
Mayor Cafagna opened the public hearing and read the title of Ordinance No. 525, "An
Ordinance of the City of Poway, California Amending Chapter 17.40 of the Poway
Municipal Code by the Modification and Addition of Certain Sections Pertaining to Signs."
Introduction by City Manager Bowersox. Legal overview by City Attorney Eckis. By
amending Chapter 17.40, the City recognizes its legal and constitutional obligations to
allow non-commercial signage wherever commercial signage is permitted, not to
discriminate among non commercial messages, and not to discriminate along commercial
messages, except for the distinction between onsite and offsite signs.
There was no one present wishing to speak.
Councilmember Emery requested a report back with an inventory of current kiosk sign
locations.
Motion by Deputy Mayor Higginson, seconded by Councilmember Emery, to waiver further
reading and continue the public headng to May 9, 2000 for second reading and adoption.
Motion carried 4-0 with Councilmember Rexford absent.
ITEM 3 (203-02)
TENTATIVE PARCEL MAP 98-15
APPLICANT: ERROL YEAGER
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to subdivide 9.25 acres into three parcels ranging from 1.02 to 4.04 acres in
size on both sides of Gate Drive just north of Calls SCO.
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to close the
public hearing and adopt Planning Resolution No. P-00-35, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Environmental Assessment and
Tentative Parcel Map TPM. 98-15 Assessofs Parcel Number 323-290-39." Motion carded
4-0 with Councilmember Rexford absent.
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ITEM 4 (203-24)
MINOR CONDITIONAL USE PERMIT
APPLICANT: MCCULLOUGH-AMES DEVELOPMENT
Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This
is a request for a Minor Conditional Use Permit to add eight (8) lights to an existing tennis
court on a developed residential lot at 15575 Paseo Del Arroyo.
The following people were present wishing to speak:
David Cohn, 13663 Paseo De La Huerta, spoke in opposition.
Robert Sims, 15622 El Camino Entrada, spoke in opposition.
James Everett, 15614 Oakstand Road, spoke in opposition.
Alan Gold, (applicant)15575 Paseo Del Arroyo, spoke in support.
John Wilson, 13978 Carriage Road, spoke in support.
Perry Falk, 13752 Paseo Valle Alto, spoke in support.
David Stecher 13743 Paseo Valle Alto, spoke in support.
Randy Bech, 13713 Paseo Valle Alto, spoke in support.
General discussion ensued with Deputy Mayor Higginson stating he could only support the
item if the times were changed to no later than 9:00 p.m.
Motion by Mayor Cafagna, seconded by Councilmember Emery, to close the public hearing
and deny the request and adopt Planning Resolution No. P-00-36, entitled, "A Resolution
of the City Council of the City of Poway Denying MCUP 99-09 Assessor's Parcel Number
275-270-19." Motion carried 3-1 with Councilmember Goldby voting "no" and
Councilmember Rexford absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 99-13
MINOR DEVELOPMENT REVIEW 99-144
APPLICANT: MARK BRENNER
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
is a request to establish a mixed use (live-work space), combining and existing 1,867
square foot single-family home, a 418 square foot existing office and a new 1,051 square
foot office building to house a newspaper publishing business on a .5-acre lot located at
12708 Monte Vista Road.
There was no one present wishing to speak.
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Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to close the
public hearing and adopt Planning Resolution No. P-00-37, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Conditional Use Permit 99-13 and
Minor Development Review 99-144 Assessor's Parcel Number 275-460-64."
Motion carried 3-0 with Councilmember Emery away from the dias and Councilmember
Rexford absent.
ITEM 6 (1402-01)
ARTWORK EXHIBIT PROCEDURES
POWAY CENTER FOR THE PERFORMING ARTS
Staff report by City Manager Bowersox. At the request of Councilmember Rexford, this
report contains current policy for selecting art exhibits at the Poway Center for the
Performing Arts, including a history of past exhibiting.
Jean Jarrell, 12858 Francine Terrace, representing the North County Society of Fine Arts,
requested additional detail of what documentation should be submitted with applications,
ie photos of the artwork, particular topic groups...
Council had no objection as filed.
Item 7 was heard eadier, after Presentations.
ITEM 9 (1204-05)
RESIDENTIAL
FLOW BASED SEWER RATE STRUCTURE
Introduction by City Manager Bowersox. Staff report by Administrative Services Director
Shafer. In June 2000, staff will be preparing ordinances establishing sewer rates effective
June 1, 2000 through July 31, 2001, and water rates effective January 1, 2001 through
December 31,2001. Staff is recommending a modification to the method currently used
to determine the annual assignment of rate tiers for single family residential sewer service
customers. Staff is recommending the use of a three year consumption average to assign
customers to rate tiers.
Bill Barnick, 14645 Sunrise Canyon Road, expressed his views on the rate structures.
Motion by Councilmember Emery, seconded by Councilmember Goldby, to approve staff
recommendation of using a three year consumption average to assign rate tiers. Motion
carried 4-0 with Councilmember Rexford absent.
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CITY MANAGERITEMS
City Manager Bowersox presented Council with the "Official" Tree City USA plaque.
CITY ATTORNEY ITEMS
City Attorney Eckis stated that in response to several inquiries, the action taken by Mr.
McNamara had violated the existing Ordinance as well as the new one which had not
gone into effect, in that both require permit for tree removal. He further advised that staff
is inventorying the damage and will provide a report back as well as legal counsel is
reviewing the violations and legal remedies.
City Attorney Eckis then requested a Closed Session, for pending litigation be brought
onto the agenda as the need to take action arose after the posting of the agenda. The
case is Swinton vs City of Poway.
Motion by Councilmember Goldby, seconded by Deputy Mayor Higginson, to bring the
Closed Session item onto the agenda. Motion carried 4-0 with Councilmember Rexford
absent.
CLOSED SESSION
Mayor Cafagna called for Closed Session as requested by the City Attorney at 9:08 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 9:20 with all Councilmembers present
except Councilmember Rexford. He then adjourned the meeting at 9:23 p.m. on motion
by Councilmember Emery, seconded by Councilmember Goldby.
Peoples, City-C~er~-
City of Poway
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