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CC 2000 08-15CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 15, 2000 The August 15, 2000, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by City Clerk Peoples at the City Council Chambers, 13325 Civic Center Drive, Poway, California. Due to the Mayor and Deputy Mayor being absent, there was a need to appoint someone to serve as Deputy Mayor Pro Tem. Motion by Councilmember Goldby, seconded by Councilmember Rex'ford to appoint Councilmember Emery as Deputy Mayor Pro Tem. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. COUNCILMEMBERS PRESENT AT ROLL CALL Jay Goldby, Bob Emery, Betty Rexford COUNCILMEMBERS ABSENT AT ROLL CALL Do! STAFF MI PLEDGE Councilm~ Higginson, Mickey Cafagna ',MBERS PRESENT James Bowersox F~enny Riley _ori Anne Peoples Steve Eckis ~Varren Shafer F~obert Clark Jim Howell Deborah Johnson Mark Sanchez John Tenwolde Mike Robinson Patti Brindle Patrick Foley Doug Hilliker Jennifer Johnson 3F ALLEGIANCE City Manager Deputy City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Public Services Director of Redevelopment Services Director of Safety Services Sheriff's Captain Traffic Safety Engineer City Planner Senior Management Analyst Water Utilities Manager Management Analyst ;mber Goldby led the Pledge of Allegiance. 7002 Page 2 - CITY OF POWAY - August 15, 2000 PUBLIC ORAL COMMUNICATIONS Deputy Mayor Pro Tem Emery explained the procedure for Public Oral Communications. There was no one present wishing to speak. CONSENT CALENDAR Motion by Councilmember Goldby, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 14. Ratification of Warrant Registers for the periods of July 17-21, 2000 and July 24-28, 2000. (401-10) 15. Approval of Minutes - City Council July 18, 2000 - Regular Meeting July 25, 2000 - Canceled Regular Meeting 17. Adopted Resolution No. 00-082 - Authorizing Access to Sales and Use Tax Records by Members of City Staff and Independent Contractor Agreement with Hinderliter, de Lamas & Associates. (602-01 #1) 18. Rejection of Claim for Damages: Michael Kabance. (704-13) 19. Acceptance of Public Improvements and Release of Performance and Payment Securities for Trident Center, Tentative Parcel Map 97-08, Trident Homes of California, Inc., applicant. Property located at 12229-12271 Scripps Poway Parkway. (203-02) 20. Approval of Agreement for Legal Services with McDougal, Love, Eckis, Smith & Boehmer. (602-01 #259) 21. Approval of Renewal Agreement for Contract Fire Inspector Services with Michael Chillinsky. (602-01 #1197) 22. Approval of Reallocation of $200,000 in Transportation Development Act (TDA) Funds from the Community Road Bus Turnout and Shelter Project to the Skateboard Park Bus Shelter, Turnout and Restroom Project. (1207-01) 23. Approval of Amended Joint Exercise of Powers Agreement for Members of the Agencies for Fair Objective Rate Determination (AFFORD) Commission. (602-01 #1371) 7003 Page 3 - CITY OF POWAY - August 15, 2000 Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 1 (203-13) ENVIRONMENTAL ASSESSMENT CAPITAL IMPROVEMENT PROGRAM HIGH VALLEY WATER LINE RELOCATION APPLICANT: CITY OF POWAY Deputy Mayor Pre Tem Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct approximately 5,500 linear feet of water line primarily within the alignment of High Valley Road between Espola Road and Marker Road. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to close the public hearing and issue a Mitigated Negative Declaration. Motion carded 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 2 (203-08/203-10) CONDITIONAL USE PERMIT 00-18 MINOR DEVELOPMENT REVIEW 99-133 APPLICANT: AT&T WIRELESS Deputy Mayor Pro Tern Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to co-locate 3 antenna arrays consisting of a total of 6 panel antennas, related radio and power cabinets, and a parapet screen to the roof of the Retro Sports building located at 12218 Poway Road. The following person was present wishing to speak: Doug Munson, 9805 Scranton Road #100, San Diego, representing WFI on behalf of AT&T Wireless, spoke in support and responded to Council questions. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to close the public hearing and adopt Planning Resolution No. P-00-61, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 00-18 and Minor Development Review 99-133 Assessofs Parcel Number 317-153-26." Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. 7004 Page 4 - CITY OF POWAY - August 15, 2000 ITEM 3 (203-04) VARIANCE 00-06 APPLICANT: WILLIAM DEBERRY Deputy Mayor Pre Tem Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to allow the corner of a recently constructed 492 square foot, single story guest house addition to encroach 30 inches into the required 20-foot side yard setback on the westerly property line at 16563 Corte Paulina. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to adopt Planning Resolution No. P-00-62, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 00-06 Assessor's Parcel Number 275-580-13." Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 4 (203-08/203-14) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 96-18 DEVELOPMENT REVIEW 96-23 APPLICANT: POWAY EQUI-PLEX/ZIP & LISA LUClDI Deputy Mayor Pre Tem Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to modify an approved permit to construct a horse boarding and training facility for up to 150 horses on 100 acres to a maximum of 80 horses on 52.5 acres. The applicant has requested the item be continued to the meeting of September 12, 2000. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to continue the public hearing to September 12, 2000. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 5 (203-08) ENVIRONMENTAL ASSESSMENT CONDITIONAL USE PERMIT 00-17 APPLICANT: GARY CRANDALL/RESURRECTION CHURCH Deputy Mayor Pre Tem Emery opened the public hearing. Introduction by City Manager 7OO5 Page 5 - CITY OF POWAY - August 15, 2000 Bowersox. Staff report by City Planner Brindle. This is a request to establish a church on a 3.2 acre property located at 12730 Elmpark Lane. The master plan includes the future construction of a Pastor's residence, a larger sanctuary and classroom building. The following person was present wishing to speak: Gary Crandall, Pastor of Resurrection Church spoke in support and responded to questions of the Council. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing and adopt Planning Resolution No. P-00-63, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 00-17 Assessor's Parcel Number 317-640-52." Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 6 (203-01) ENVIRONMENTAL ASSESSMENT TENTATIVE TRACT MAP 99-01R APPLICANT: ROBERT LAMAGNO, LOUISE KRONUS, JAMES & KATHRYN KENT Deputy Mayor Pro Tem Emery opened the public hearing. Introduction by City Manager Bowersox. Staff report by City Planner Bdndle. This is a request to subdivide a 6.69 acre property into 14 residential lots on the east side of the 14440 block of Midland Road, south of Outlook Road and north of Norwalk Street. The following people were present wishing to speak: Fred Zuill, 13636 Outlook Road, provided issues he felt needed resolution prior to approval of the proposed project. Robert Lamagno, 14469 Midland Road, applicant spoke in support and responded to questions of the Council. City Manager Bowersox responded to questions of the Council. Motion by Councilmember Goldby, seconded by Councilmember Rexford to continue the public hearing to August 29, 2000. Motion carded 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. 7006 Page 6 - CITY OF POWAY - August 15, 2000 ITEM 7 (203-10) ENVIRONMENTAL ASSESSMENT MINOR DEVELOPMENT REVIEW 99-188 APPLICANT: GREG AGEE Deputy Mayor Pre Tem Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 6,350 square foot single family home and horse corral on an existing 40 acre lot at 17087 Old Coach Drive. The project requires widening of an existing read which crosses Sycamore Creek from 12 feet to 20 feet. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public hearing, issue a Mitigated Negative Declaration and adopt Planning Resolution No. P-00-64, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Development Review Approval 99-188 for Agee Residence, Assessor's Parcel Number 278-321-05." Motion carded 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 8 (401-27) TAX RATES FOR BOND INTEREST AND REDEMPTION FY 00-01 Deputy Mayor Pro Tem Emery opened the public hearing. Staff report by City Manager Bowersox. The City of Poway has one existing General Obligation Bond Issue - The Poway Municipal Water District. In order to collect the principal and interest for fiscal year 2000-2001 on the tax roll, it is necessary for the Council to approve the rates for the bond issues and notify the County of San Diego of the amount to be levied. There was no one present wishing to speak. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the public headng and adopt Resolution No. 00-083, entitled, "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Year 2000-2001 for Improvement Districts of the City Formally Known as the Poway Municipal Water District." Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 9 (203-10) MINOR DEVELOPMENT REVIEW 99-112 GOLDEN WAY APPLICANT: ROY HABIBI 7007 Page 7 - CITY OF POWAY - August 15, 2000 Staff report by City Manager Bowersox. This report is in response to statements made by Mr. Roy Habibi at the City Council meeting of July 18, 2000, and to clarify and provide additional information regarding improvement issues. The following people were present wishing to speak: Roy Habibi, 1134 14th Street, Imperial Beach, requested financial assistance from Council for the required improvements to his property. Mindy Toor, 13271 Vista View Court, Poway, spoke in opposition to the requirements for development on Golden Way. Motion by Councilmember Rexford, seconded by Deputy Mayor Pro Tem Emery, to receive and file the report. Motion failed 2-1 with Councilmember Goldby voting "no" and Deputy Mayor Higginson and Mayor Cafagna absent. Motion by Councilmember Goldby, seconded by Councilmember Rexford to continue the item to the August 29, 2000 meeting. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 10 (1180-05) FINANCIAL SUPPORT SAN DIEGO COUNTY SHERIFF'S MUSEUM Staff report by City Manager Bowersox. The San Diego County Sheriff's Department and Honorary Deputy Sheriff's Association (HDSA) has joined forces to create a Sheriff's Museum and Educational Center in a 7,000 square foot building in Old Town, just a few feet from where the first cobblestone jail was built in 1850. Staff is recommending a contribution of $15,000 from the unappropriated General Fund. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to appropriate $15,000 to contribute to the museum and educational center. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 11 (602-01 #1423) SAN DIEGO COUNTY WATER AUTHORITY EMERGENCY STORAGE PROJECT Staff report by City Manager Bowersox. In 1970, the Poway Municipal Water District commenced the construction of a dam across Warren Canyon that ultimately resulted in Lake Poway when it was completed. Lake Poway provides 3,200 acre feet of storage 7OO8 Page 8 - CITY OF POWAY - August 15, 2000 for emergency purposes. During the past 30 years, there have been no significant emergency storage reservoirs constructed south of the Elsinore Fault to offset the enormous growth experienced in San Diego County. While the new Diamond Valley Lake provides general protection for Southern California, it is the opinion of the San Diego County Water Authority that an earthquake along the Elsinore Fault could cut the County off from imported water for two months. While storage within Lake Poway would most likely meet two months of water needs during the time earthquake-related repairs are made, any delays could exceed that capacity. In 1992, the Ramona Municipal Water District approached the City requesting consideration of a plan that would have Poway provide emergency treated water in exchange for emergency storage capacity in Lake Ramona. In April 1992, both agencies approved a ten-year cooperative agreement that Poway would treat up to 4 million gallons per day of water during aqueduct shutdown periods and in turn would have 1,000 acre feet of storage available in Lake Ramona when filled. While Poway has occasionally treated water for Ramona during the past eight years, Lake Ramona has yet to be filled. However, had Lake Ramona been filled, water stored there would not have been available to Poway in an emergency. This is because an anticipated connection from the Lake to pipes that could serve Poway, as well as a pressure reducing station, have never been constructed. In summary, Lake Ramona is not a viable emergency storage alternative. In the meantime, the San Diego County Water Authority has been working on a major Emergency Storage Project (ESP) which will provide 90,100 acre feet of water. This project provides for the construction of the Olivenhain Reservoir, reoperation of Lake Hodges, and expansion of the San Vicente Reservoir. As a member of the County Water Authority, Poway would help pay for the project and would receive additional storage benefits. Since the financing of the Emergency Storage Project is based upon known member participation, the County Water Authority has established a process and criteria that would permit an Agency to opt out of the program. Only the Ramona Municipal Water District has chosen that option. In conclusion, in order to be able to provide the best availability of water during an emergency, Poway must participate in the ESP and confirm that participation by approving the Memorandum of Understanding subject to final review by the City Attorney. Further, since the Ramona Municipal Water District will not be a part of the ESP and has not fulfilled the terms of the 1992 cooperative agreement, they should be given a one-year termination notice. The following people were present wishing to speak: 7OO9 Page 9 - CITY OF POWAY - August 15, 2000 Doug Wilsman, 20234 Eagle Hill, Ramona, representing the Ramona Municipal Water District. Robert McCullough, 105 Earlham, Ramona, representing the Ramona Municipal Water District. Motion by Councilmember Emery, seconded by Councilmember Goldby, to approve the MOU with SDCVVA and provide the Ramona Municipal Water District with Notice of Termination for delivery of treated raw water. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 12 (1141-10) COMPACT PARKING SPACES REPORT SOUTH POWAY BUSINESS PARK SOUTH POWAY DEVELOPMENT STANDARDS At the March 21, 2000 meeting, the Council requested a report on the use of compact parking spaces in the South Poway Specific Plan Area and how to rescind the development standard. Compact spaces are allowed only on properties designated Industrial Park and Light Industrial. In order to rescind this development standard, a Specific Plan Amendment must be initiated. Motion by Deputy Mayor Pro Tem Emery, seconded by Councilmember Rexford, to initiate an amendment to the South Poway Specific Plan to delete compact parking spaces. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. ITEM 13 (203-11 ) LOT AVERAGING REQUIREMENTS HIDDEN VALLEY RANCH APPLICANT: ED MALONE Staff report by City Manager Bowersox. This is a request for Council interpretation on the City's "lot averaging" requirement concerning the Hidden Valley Ranch property. The applicant has submitted a letter requesting a continuance to the August 29, 2000 meeting. Motion by Councilmember Rexford, seconded by Councilmember Goldby, to continue the item to the August 29, 2000 meeting. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. 7010 Page 10 - CITY OF POWAY - August 15, 2000 ITEM 13.1 (1503-02) SANDAG ADVISORY COMMITTEE ROUTES 67/125 CORRIDOR STUDY Staff report by City Manager Bowersox. The City received a letter from SANDAG on August 3, 2000 requesting the appointment of an elected official as a representative to the Advisory Committee for Routes 67/125 corridor. The study will evaluate future transportation needs along this north-south corridor and recommend cost-effective transportation improvements to address those needs. The Metropolitan Transit Development Board has requested that Bob Emery be one of their designated representatives. General discussion ensued with both Councilmembers Rexford and Goldby expressing an interest in serving on the advisory board. Consensus was to continue this item to the August 29, 2000 meeting for discussion and action. MAYOR AND CITY COUNCIL-INITIATED ITEMS 26A. Deputy Mayor Pro Tem Emery provided information on JANTOC (Joint Agency Negotiation Team on Consolidation) Committee issues regarding making regional cooperation on transportation and infrastructure more effective and efficient. (1503-02) Motion by Deputy Mayor Pro Tem Emery to direct staff to draft a letter notifying SANDAG and JANTOC that the Poway Council supported the formation of a RGEC Commission provided it not include land use and that it be put before the voters no earlier than 2002. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. 26B. Deputy Mayor Pro Tem Emery requested Council adoption of a position on Proposition 38 (School Vouchers). (701-11 ) John Legaspi, 11262 Redland Court, San Diego, representing the No on Prop 38 Committee, requested Council support on this item. Motion by Councilmember Rex-ford, seconded by Councilmember Goldby, to adopt the League of California Cities position in opposition. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. 7011 Page 11 - CITY OF POWAY - August 15, 2000 26C. Deputy Mayor Pro Tem Emery requested Council adoption of a position on the Poway Unified School District's Bond Issue. (1503-06) Motion by Councilmember Goldby, seconded by Councilmember Rexford, to adopt a position in support of the Poway Unified School District's Bond Issue. Motion carried 3-0 with Deputy Mayor Higginson and Mayor Cafagna absent. 27. Councilmember Goldby requested and received concurrence to direct staff to draft a letter of support with regards to the efforts of the County to find a solution to the recent energy dilemma. 29. Councilmember Rex'ford noted that an infestation of the gypsy moth which feeds on oak trees has been reported in coastal communities; and requested staff evaluate the use of floodway property for sports fields. ADJOURNMENT Deputy Mayor Pro Tem Emery adjourned the meeting at 9:14 p.m. on motion by Councilmember Goldby, second by Councilmember Rex'ford. nne Peoples, City Clerk City of Poway 7012