CC 2000 09-26CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
SEPTEMBER 26, 2000
The September 26, 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
Jay Goldby, Don Higginson, Betty Rexford, Mickey Cafagna
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Niall Fritz
Jim Howell
Dennis Quillen
Deborah Johnson
Mark Sanchez
John Tenwolde
Patti Brindle
Javid Siminou
David Narevsky
Pamela Wilczak
Jennifer Johnson
City Manager
Deputy City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Development Services
Director of Public Services
Deputy Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
City Planner
City Engineer
Redevelopment Manager
Housing Program Manager
Management Analyst
PLEDGE OF ALLEGIANCE
Cub Scout Pack #686 presented the Colors and led the Pledge of Allegiance.
Mayor Cafagna requested Item 16A be heard at this time.
MAYOR AND COUNCIL-INITIATED ITEMS
16A.
Councilmember Goldby introduced Honorable Judge Jan Goldsmith who made
a brief verbal presentation in opposition to Proposition 36.
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Motion by Councilmember Goldby, seconded by Councilmember Higginson, to direct staff
to prepare a letter from the Mayor and Council to the other Cities encouraging their
opposition to Proposition 36. Motion carried 4-0 with Councilmember Emery absent.
PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
Tom Teal, 15131 Country Hill Road, spoke regarding visual impacts on his neighborhood
caused by a retaining wall being installed on Golden Sunset and requested Council
consideration for visual examples and proposed landscape plans to be provided to
neighbors prior to approval on future projects.
CONSENT CALENDAR
Mayor Cafagna stated that a request was received from the applicant to pull Item 12 for
discussion. Motion by Councilmember Goldby, seconded by Councilmember Rexford, to
approve the remainder of the Consent Calendar as follows:
6. Ratification of Warrant Register for the period of September 4-8, 2000. (401-10)
Approval of Minutes - City Council
August 22, 2000 - Canceled Regular Meeting
August 29, 2000 - Regular Meeting
September 5, 2000 - Canceled Regular Meeting
o
Amended Staffing Plan and Authorization to Recruit a Management Analyst for
Community Services. (504-05)
10.
Approval of Agreement with Arbitrage Compliance Specialists for Arbitrage
Calculation and Reporting Services. (602-01 #1436)
11.
Acceptance of Grant Deeds for Property on which the Buehler Reservoir is
Located. (1002-01 )
12.1
Award of Bid for the Pomerado Road Improvements from Poway Road to Ted
Williams Parkway to Supedor Ready Mix Concrete, L.P.; dba SRM Contracting and
Paving in the amount of $4,159,027 (#5285). (Continued from September 19,
2000, Item #7). (602-01#1434)
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Motion carried 4-0 with Councilmember Emery absent.
ITEM I (203-01)
ENVIRONMENTAL ASSESSMENT
TENTATIVE TRACT MAP 99-01R
APPLICANT: ROBERT LAMAGNO, LOUISE KRONUS. JAMES & KATHRYN KENT
Mayor Cafagna opened the public hearing. 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 item was continued from the
August 15, 2000 meeting to August 29th and from the August 29th meeting to this
evening. Staff is requesting an additional extension to the October 3, 2000 meeting as
there was not enough time to prepare and review the alternative designs requested by
Council.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to continue the
public headng to October 3, 2000. Motion carded 4-0 with Councilmember Emery absent.
Mayor Cafagna requested Item 5 be heard at this time.
ITEM 5 (602-01 #300R)
LEASE AND REGULATORY AGREEMENT
HALEY RANCH ESTATES HOUSING ASSOCIATES
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. On
July 20, 1999, the Council adopted a policy which provided that Haley Ranch Estates be
conveyed to the developer/owner of the adjacent Agency-owned Breihan property.
Consistent with that policy, the Redevelopment Agency entered into an Exclusive
Negotiating Agreement to establish the feasibility of developing the Breihan site and
conveying Haley to private, nonprofit ownership. The Lease and Regulatory Agreement
with the Haley Ranch Estates Housing Associates would result in the conveyance of
Haley on October 1, 2000. The proposed transfer is consistent with the Council's
divestiture policy and the terms of the Smith Judgement.
The following person was present wishing to speak:
Margaret Lester, 13522 Robley Ranch Road, spoke in support.
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Sue Reynolds, representing Community Housing, 1820 S. Escondido
Boulevard, responded to questions of the Agency and public.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and approve the Lease and Regulatory Agreement; appropriate $60,000
for the initial Haley operating budget and compensation to Community Housing of North
County; and, appropriate and authorize the transfer of the available balances in the Haley
Operating Fund (#294) and the Haley Capital Replacement Fund (#616) pursuant to the
terms of the lease. Motion carried 4-0 with Councilmember Emery absent.
ITEM 2 (203-04)
VARIANCE 00-14
APPLICANT: HGP HOLDINGS. INC.
Mayor Cafagna opened the public hearing. This is a request to allow a 6.5-foot high
screen wall to observe a 12 to 13-foot (varied) setback along the Kirkham Way frontage
when a 25-foot setback is required at 11906 Tech Center Court.
There was no one present wishing to speak.
Motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-00-76, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Variance 00-14 Assessor's Parcel
Number 320-031-01 (a portion)." Motion carried 4-0 with Councilmember Emery absent.
ITEM 3 (203-01)
TENTATIVE TRACT MAP 89-13R(3)
APPLICANT: OLD COACH REALTY
Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This
is a request to modify the map design for Old Coach Golf Estates 'l-tM 89-13R(2) to allow
pad elevations to decrease on three of the nine lots at Cypress Point; specifically, five feet
lower on Lots 64 and 71 and 10 feet lower on Lot 72.'
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-00-77, entitled, "A Resolution of the
City Council of the City of Poway, California Modifying the Conditions Pertaining to Lots
64, 71 and 72 for Tentative Tract Map 89-13 Revised (3) Assessor's Parcel Number 277-
170-07 Portion." Motion carried 4-0 with Councilmember Emery absent.
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ITEM 4 (203-08)
CONDITIONAL USE PERMIT 00-08
APPLICANT: JM CONSULTING GROUP
Mayor Cafagna opened the public headng. Staff report by City Manager Bowersox. This
is a request to establish an unmanned telecommunication base station consisting of six
panel antennas mounted on the Buehler Reservoir and a base transceiver station south
of the Reservoir with seven cabinets within a 15 by 25-foot fenced area. Approval would
also allow establishment of two additional telecommunication facilities at the Reservoir,
subject to the conditions of the CUP.
The following person was present wishing to speak:
Thomas Grela, 12835 Grimsley Avenue, spoke in opposition.
Councilmember Rexford requested a landscape proposal be brought back for the site.
Motion by Councilmember Goldby, seconded by Councilmember Rexford, to close the
public hearing and adopt Planning Resolution No. P-00-78, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Conditional Use Permit 00-08
Assessor's Parcel Numbers 323-091-01 & 323-491-03." Motion carried 4-0 with
Councilmember Emery absent.
Mayor Cafagna requested Item 12 be heard at this time.
ITEM 12 (203-15)
COMPREHENSIVE SIGN PROGRAM 00-03
12740 DANIELSON COURT
APPLICANT: NAPOLI BUSINESS PARK
Introduction by City Manager Bowersox. Staff report by Development Services Director
Fdtz. This is a request to approve a Comprehensive Sign Program for a multi-tenant, light
industrial center located at 12740 Danielson Court. The item was continued from the
Council meeting of September 12, 2000 at the applicant's request to allow additional time
for the applicant to explore other alternatives. Staff is recommending a modification to the
previous staff recommendation as follows:
The City will not hold up the individual tenant signage for the tenant spaces
located at the subject site that are currently leased.
The property owner will sign an agreement stating that the address numbers
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will be brought into conformance with the City's requirements within one year;
and
If the property owner signs the agreement, tenant signage for the remainder of
the center will be allowed. However, if the property owner does not abide by
the agreement to bring the address numbers into conformance within the one
year period, no additional sign permits will be issued on the property.
Additionally, staff is recommending an amendment to the Municipal Code be initiated to
more establish the existing minimum address height for commemial and residential zones
as the maximum address height and to allow industrial addressing to be a minimum of 18
inches (as currently specified in the Municipal Code) and a maximum of 24 inches.
The following person was present wishing to speak:
Art Harris, representing Napoli Business Park, 4918 N. Harbor Drive, requested the
address numbers be allowed to remain for a minimum of 5 years.
General discussion ensued.
Motion by Councilmember Rexford to approve staff recommendation. Motion died for lack
of a second.
Motion by Deputy Mayor Higginson, seconded by Mayor Cafagna, to approve staff
recommendation with the address numbers to be brought into conformance within 24
months. Motion carried 3-1 with Councilmember Rexford voting "no" and Councilmember
Emery absent.
CITY ATTORNEY ITEMS
14.
City Attorney Eckis requested a Closed Session, Conference with Legal
Counsel-Anticipated Litigation, discussion on whether or not to initiate litigation
pursuant to Government Code §54956.9(c), one potential case be brought onto
the Agenda as the need to take action arose after the posting of the Agenda.
A report is expected out.k
Motion by Deputy Mayor Higginson, seconded by Councilmember Goldby, to bdng the
Closed Session onto the Agenda as the need to take action arose after the posting of the
Agenda. Motion carried 4-0 with Councilmember Emery absent.
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
18.
Councilmember Rexford requested and received concurrence from Council to
send a letter in support of AB 1340, providing for the extension of Megan's Law.
She also requested staff look into increased enforcement of the boom truck
company on Kirkham way and reported motorcycle racing on Community Road
and Kirkham on Sunday afternoons.
19A.
Mayor Cafagna requested and received concurrence to appoint Gwen Gordon
as the Poway High School appointee to the Teen Issues Committee.(701-09)
CLOSED SESSION
Mayor Cafagna called for a Closed Session as requested by the City Attomey at 8:15 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Cafagna called the meeting back to order at 8:25 p.m. with all Councilmembers
present except Councilmember Emery.
City Attorney Eckis announced that Council had taken action in Closed Session to
approve an agreement with Mr. McNamara wherein he will plant twenty 48" boxed street
trees along Midland Road and an additional 40 smaller trees in locations designated by
the City in the Old Poway area. None of the trees will be planted on or adjacent to the
McNamara properties. When his properties are developed, he will fully landscape them
and plant street trees adjacent to them at his own cost.
Upon motion by Deputy Mayor Higginson, seconded by Councilmember Rexford, Mayor
Cafagna adjourned the meeting at 8:27 p.m.
Lo{i Anne-Peoples, ~i{-yr-Clerk
City of Poway
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