CC 2001 02-06CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
FEBRUARY 6, 2001
The February 6, 2001, 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 ROLLCALL
Bob Emery, Jay Goldby, Don Higginson, Betty Rexford
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna
STAFF MEMBERS PRESENT
James Bowersox
Penny Riley
Lori Anne Peoples
Steve Eckis
Warren Shafer
Robert Clark
Niall Fritz
Jim Howell
Deborah Johnson
John Tenwolde
Patti Brindle
Javid Siminou
Jim Lyon
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 Works
Director of Redevelopment Services
Sheriff's Captain
City Planner
City Engineer
Associate Planner
Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Goldby explained the procedure for Public Oral Communications. The
following people were present wishing to speak:
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Howard Stacklin, 13149 Tobiasson Road, expressed his views on the energy
situation.
Rachel Skoglund, 11950 Eastbourne Road, San Diego made inquiry of the Council as
to the definition of a warrant and negative declaration and requested that when the
contract is let for vending machines, that teens be involved in the decision.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford, to
approve the Consent Calendar as follows:
Ratification of Warrant Register for the Periods of January 8-12, 2001.
(401-10)
Approval of Minutes - City Council
January 9, 2001 - Regular Meeting
January 11, 2001 - Adjourned Regular Meeting
January 16, 2001 - Regular Meeting
10.
Award of Bid for the Purchase of a Small Capacity Asphalt Paver (01-008) to
Layton Manufacturing Company in the amount of $29,500. (601-04)
10.1
Adoption of Resolution No. 01-006 - Authorizing Access to Sales and Use Tax
Records Pursuant to Revenue and Taxation Code Section 7056 and
Rescinding Resolution No. 00-082. City Staff and Independent Contractor
Agreements with Hindediter, de Lamas & Associates and limited term with
Economic Development Systems (EDS). (Continued from January 30, 2001,
Item 6.1) (602-01 #1 and #280R)
Motion carried 4-0 with Mayor Cafagna absent.
ITEM 2 (203-21)
SOUTH POWAY
SPECIFIC PLAN AMENDMENT 84-01WVV
MINI-PARK REQUIREMENT
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager
Bowersox. This item was continued from the City Council meeting of January 23,
2001, to allow staff to address the comments of Council.
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Staff has met with the two project proponents of the proposed modification to the
mini-parks that had been previously approved on their projects. In the discussions, it
was agreed that the previously agreed-to mini-parks could be accommodated on each
of the properties.
Poway Views (TTM 00-01 ), Item 2 on tonight's agenda, will be providing a mini-park,
approximately one half acre in size in the same area as had been approved on TTM
89-08 which has expired.
TTM 97-01, located on the southeast corner of Tech Center Drive and Scripps Poway
Parkway was approved on November 10, 1998, proposed the subdivision of two
parcels totaling 31.5 acres into 14 lots. That tentative tract map was conditioned to
provide a 0.7-acre mini park adjacent to Kirkham Way, but that approval expired on
November 10, 2000. The applicant was proposing to modify the subdivision design
and delete the mini-park site. However, that request has been withdrawn as the
applicant now believes there will be a new owner of the property and the business
would occupy the entire site. Staff is currently in the process of reviewing a
preliminary site plan. Instead of a subdivision of the land, a lot merger will be
processed. Upon formal Development Review application on this site, staff will be
requiring the provision of a one half-acre mini park. In order to work the recreational
features into the site design and to make the recreational area more easily
accessible, two smaller parks may be provided. As a result of these discussions with
the applicants. SPA 84-01WVV is no longer necessary and staff is recommending the
amendment be withdrawn and the report be received and filed.
The following people were present wishing to speak:
Neville Bothwell, 3575 Kenyon Street, San Diego, representing Tech Business
Center, requested Council confirmation that the recreation facilities are not required to
be public if the property has a single, large tenant. The site would be maintained and
dedicated to the project and monitored through the development review process.
Judd Halenza, 7955 Dunbrook Road, San Diego, representing Judd Partners II,
LLC spoke in support of staff recommendation.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close
the public hearing and accept the withdrawal of SPA 84-01VVVV. Motion carried 4-0
with Mayor Cafagna absent.
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Motion by Councilmember Higginson, seconded by Councilmember Rexford, to
confirm that if a single, large tenant is placed on the property, outdoor recreational
areas on site would be maintained and dedicated to their project and monitored under
development review but are not required to be public. However, if the properties
remain as multiple lots, a mini-park would be required to be incorporated into the
project. Greenscape, trees, etc. are required in either scenario. Motion carried 3-1
with Councilmember Emery voting "no" and Mayor Cafagna absent.
ITEM 3 (203-01)
TENTATIVE TRACT MAP 00-01
POWAY VIEWS
APPLICANT: JUDD PARTNERS II, LLC
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager
Bowersox. This item was continued from the meeting of January 23, 2001 to allow for
consideration of revisions to the proposed Specific Plan Amendment 84-01WW
regarding mini parks. This is a request to subdivide 48.1 acres into five lots for light
industrial uses ranging in size from 2.6 to 5.4 gross acres plus a 25.7 acre lot for open
space and a detention basin on the south side of Kirkham Way at its intersection with
Stowe Drive. Conditions have been added to the revised recommended resolution
that would require the applicant to construct a mini-park as envisioned by the Specific
Plan.
The following people were present wishing to speak:
Howard Stacklin, 13149 Tobiasson Road, expressed his views on the energy
situation.
Judd Halenza, 7955 Dunbrook Road, San Diego, representing Judd Partners II,
LLC spoke in support of staff recommendation.
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to close
the public hearing, issue a Negative Declaration and adopt Planning Resolution No.
P-01-05, entitled, "A Resolution of the City Council of the City of Poway, California
Approving Environmental Assessment and Tentative Tract Map TTM 00-01
Assessor's Parcel Number 325-010-09 & 12." Motion carried 4-0 with Mayor
Cafagna absent.
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ITEM 3 (203-02)
TENTATIVE PARCEL MAP 00-08
APPLICANT: TED TCHANG/TECH BUSINESS PARK, LLC
Deputy Mayor Goldby opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide a 4.83-acre parcel into two parcels, one of
1.97 acres and one of 2.857 acres at the southeast corner of Kirkham Way and Tech
Center Court.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Higginson, to close
the public hearing and adopt Planning Resolution No. P-01-06, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Environmental Assessment and Tentative Parcel Map TPM 00-08 Assessor's Parcel
Number 320-220-01." Motion carried 4-0 with Mayor Cafagna absent.
ITEM 4 (203-11 )
PRE-GENERAL PLAN AMENDMENT 00-04
APPLICANT: SHERRY C. YEN
Introduction by City Manager Bowersox. On April 4, 1989, Council adopted a
Resolution providing for the review of pre-applications for General Plan
Amendments. The purpose of this review is to allow the proponent of the pre-
application and staff to ascertain the Council's level of interest in the request. No
decision is made. This applicant is requesting consideration to redesignate the land
use and zoning of a two-parcel 2.81-acre site located at the northeast corner of Old
Pomerado Road and Stage Stop Ddve from Commercial General (CG) to Residential
Single Family (RS-2).
The following person was present wishing to speak:
Sherry Yen, 13691 Paseo Cardiel, San Diego.
Consensus of the Council was that it was too early to look at land use changes in
this area.
ITEM 5 (704-10)
STATUS REPORT
ILLEGAL ENCAMPMENTS
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Staff report by City Manager Bowersox. Staff provides Council with quarterly reports
on the status of illegal encampment activities within the City. This report represents
information from the fourth quarter; covering October through December 2000. Staff
recommends the report be received and filed.
No objection as filed.
ITEM 6 (1160-01)
TRAFFIC CONTROL
ESTABLISHING STOP CONTROLS
KINGMAN ROAD AT EASTVALE ROAD
Staff report by City Manager Bowersox. At the Traffic Safety Committee Meeting of
January 9, 2001, a staff report was reviewed that detailed traffic conditions at the
intersection of Kingman Road and Eastvale Road. The City has received requests to
consider installing one-way stop controls at the intersection.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 01-07, entitled, "A Resolution of the City Council of the City of Poway,
California Establishing Stop Controls on Kingman Road at Eastvale Road." Motion
carried 4-0 with Mayor Cafagna absent.
CITY ATTORNEY
12.
City Attorney Eckis informed Council of changes in the Political Reform Act;
advised that he had joined the City in an Amicus Brief with the City of San
Francisco on a Federal Court ruling that a jury could decide the effect of an
Ordinance wherein the State Court ruled the decision belongs with the
Legislative body. The Supreme Court will now hear this case.
He then requested the following Closed Sessions:
Conference with Legal Counsel - Anticipated Litigation
Discussion on whether or not to initiate litigation
Government Code §54956.9(c)
One potential case
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Conference with Legal Counsel - Existing Litigation
Government Code §54956.9(a)
Poway Redevelopment Agency v Eugene Chandler etal
San Diego Superior Court Case No. GIC 750629
Conference with Real Property Negotiator
Government Code §54956.8
Property: 13406 -13410 Community Road, APN 317-101-24
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
Clem Abrams, Seller
Under Negotiation: Price and Terms of Purchase
Do
Conference with Real Property Negotiator
Government Code §54956.8
Property: 13420 Community Road, APN 317-101-25
Negotiating Parties: James L. Bowersox on behalf of the Poway
Redevelopment Agency, Buyer
E & E Transportation, Inc., Seller
Under Negotiation: Price and Terms of Purchase
MAYOR AND CITY COUNCIL - INITIATED ITEMS
14.
Councilmember Goldby requested staff come up with a "preferred alternative"
recommendation for Route125.
16.
Councilmember Rexford requested staff enforce safety practices with overflow
crowds in attendance at Council Meetings; expressed concerns with the new
trash containers for citizens with steep driveways; requested a supply of yard
waste stickers be placed at City Hall and other public locations for citizens to
pick up rather than having to call and have them mailed.
Councilmember Rexford then provided an update on the Route 67/125
Corridor Study.
CLOSED SESSION
Deputy Mayor Goldby called for Closed Session as requested by the City Attorney at
8:07 p.m.
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CALL TO ORDER AND ADJOURNMENT
Deputy Mayor Goldby called the meeting back to order at 10:02 p.m. with all
Councilmembers present except Mayor Cafagna. Upon motion by Councilmember
Rexford, second by Councilmember Higginson, Deputy Mayor Goldby adjourned the
meeting at 10:03 p.m.
Lorl Anne ~eoples, City CIc~rk -
City of Poway
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