CC 2001 08-14CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
AUGUST 14, 2001
The August 14, 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.
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
Robert Clark
Niall Fritz
Jim Howell
Dennis Quillen
Deborah Johnson
John Tenwolde
Javid Siminou
Brad Kutzner
Patti Brindle
Jason Martin
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
Deputy Director of Public Works
Director of Redevelopment Services
Sheriff's Captain
City Engineer
Senior Civil Engineer
City Planner
Senior Planner
Associate Planner
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge.
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PUBLIC ORAL COMMUNICATIONS
Mayor Cafagna explained the procedure for Public Oral Communications. The following
people were present wishing to speak:
Neville Bothwell, 5302 Alta Bahia Ct., San Diego, thanked the Council for their support
against City of San Diego project, Rancho Encantada.
Andy Adams, 13028 Earlgate Ct., addressed Council regarding the need for enforcement
of abandoned vehicles in his neighborhood.
CONSENT CALENDAR
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
11. Ratification of Warrant Registers for the Periods of July 16-20 and July 23-27, 2001.
(401-10)
12. Approval of Minutes - City Council
July 17, 2001 - Regular Meeting
July 24, 2001 - Canceled Regular Meeting
14. Approval of City's Investment Report as of June 30, 2001. (408-01)
15. Approval of Release of Grading Bond No. 865725S in the amount of $2,389,549
and a Cash Security of $40,000 for Tentative Tract Map 99-02, Legacy Partners;
Matt Adams, Legacy Partners, Applicant. APN: 323-090-95. (203-01)
16. Approval of Assignment of Agreement for Geotechnical Services from Group Delta
Consultants, Inc. to TerraCosta Consulting Group, Inc. (602-01 #956)
17. Confirmation of Reappointment of Scott Schroeder as an At-Large Member of the
Performing Arts Advisory Committee. (701-09)
18. Approval of Implementation of Neighborhood Speeding Awareness Yard Sign
Program and appropriate $3,000 from the Unappropriated General Fund Balance
19.
for purchase of signs.
Approval of escheat of money in Treasury as requested by staff.
(1160-07)
(401-06)
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19.1 Adoption of Resolution No. 01-077 - Commending Eagle Scout Jordan L. Gibbs.
(701-17)
19.2 Adoption of Resolution No. 01-078 - Commending Eagle Scout Daniel Brian
Stubbs. (701-17)
Motion carried unanimously.
ITEM 1 (1002-06)
VACATION 01-02
COUNTRY SQUIRE DRIVE SOUTH OF PEDRIZA DRIVE
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This
item, vacation of a portion of Country Squire Drive south of Pedriza Drive and the Offer of
Dedication for Public Street Purposes of Portions of Lots 8 and 9, County of San Diego
Tract No. 3551, Map No. 8892, and the Abutter's Rights of Access Appurtenant to Lots 8
and 9 of said Map No. 8892 in and to Country Squire Drive was continued from July 10,
2001, Item 4. This evening, staff is recommending the item be removed from the Agenda
as additional time is needed to work with the engineer who is designing the improvements
proposed for the vacated portion of Country Squire Drive and to respond to the requests
of adjacent property owners. There is no date planned for rescheduling at this time.
There was no one present wishing to speak.
Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public
hearing, and remove the item from the Agenda. Motion carried unanimously.
ITEM 2 (203-21)
SPECIFIC PLAN AMENDMENT 88-01C
ARTS AND CRAFTS FAIRS IN RESIDENTIAL ZONES
OLD POWAY SPECIFIC PLAN
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. Atthe
Council Workshop held on September 14, 2000, Council considered a request from a
single-family residence within the Old Poway Specific Plan Area. This item was initiated by
the City Council at their meeting of June 26, 2001, continued to July 17, 2001 and from
July 17, 2001 to this evening to have full Council input. This amendment would modify the
allowed uses within the residential zones of the Old Poway Plan area and establish an
administrative permit process for a temporary arts and craft show. Performance standards
would ensure that there would be no impacts to the surrounding neighborhood. A
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temporary use permit would be valid for a maximum of one year from the date of issuance,
and for shows that occur annually, the applicant may request a renewal of the permit.
The following people were present wishing to speak:
Gary Huff, 14169 Peach Tree Lane, spoke in opposition
Catherine Amaro, 6955 Ruby Lane, Lemon Grove, spoke in support
Myra Ernst, 14333 Aedan Court, spoke in support
Denise Kelly 13444 Eden Grove, spoke in support
Patty Secor, 14615 Poway Mesa Drive, spoke in support
David Prewett, 12709 Poway Road, representing the Poway Chamber of Commerce,
spoke in support
Dee Fleischman, 15070 Pomerado Road, spoke in opposition
Linda Gaut, 13664 Adrian Street, spoke in support
Motion by Mayor Cafagna, seconded by Councilmember Higginson, to close the public
hearing and adopt Resolution No. 01-079, entitled, "A Resolution of the City Council of the
City of Poway, California, Approving Old Poway Specific Plan Amendment (SPA 88-01C)
to Include an Administrative Permit Process for Arts and Crafts Shows in Residential
Zones within the Old Poway Specific Plan Area." Motion carried 4-1 with Deputy Mayor
Goldby voting "no."
ITEM 3 (203-02)
ENVIRONMENTAL ASSESSMENT
TENTATIVE PARCEL MAP 99-01
APPLICANTS: GEORGE AND HELEN WU
Mayor Cafagna opened the public hearing. Councilmember Rexford disqualified herself
from participation and left the dais as her residence abuts the subject property.
Introduction by City Manager Bowersox. Staff report by Development Services Director
Fritz. This is a request to subdivide a 2.4 acre property into four residential lots. Presently
there is an existing residence on the property that would remain and be located within
Parcel 3. The subject property is located at 11612 Creek Road.
The following person was present wishing to speak:
Paul Rexford, 11570 Creek Road, spoke in support.
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Motion by Deputy Mayor Goldby, seconded by Councilmember Higginson, to close the
public hearing, approve the Mitigated Negative Declaration and adopt Planning Resolution
No. P-01-40, entitled, "A Resolution of the City Council of the City of Poway, California
Approving a Mitigated Negative Declaration and Tentative Parcel Map TPM 99-01
Assessor's parcel Number 320-020-18." Motion carried 4-0 with Councilmember Rexford
abstaining.
Councilmember Rexford returned to the dais.
ITEM 4
TENTATIVE TRACT MAP 01-01
APPLICANT: KEN FRENCH
(203-01)
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is a request to subdivide a 3.35-acre
property into 13 single-family residential lots and one open space lot at 12711 Oak Knoll
Road.
The following people were present wishing to speak:
Barbara Lerma, 12877 Carriage Road, spoke in support
Ken French, 4089 Falcon Street, San Diego, Applicant, spoke in support
Motion by Deputy Mayor Goldby, seconded by Mayor Cafagna, to close the public headng,
approve the Mitigated Negative Declaration and adopt Planning Resolution No. P-01-41,
entitled, "A Resolution of the City Council of the City of Poway, California, Adopting a
Mitigated Negative Declaration and Approving Tentative Tract Map TTM 01-01 Assessors
Parcel Number: 317-501-09 and 317-501-10." Motion carried unanimously.
ITEM 5 (203-21)
SPECIFIC PLAN AMENDMENT 84-01ZZ
APPLICANT: GEICO DIRECT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. This is
a request for amendment to the South Poway Specific Plan (SPSP) to modify the Industrial
and Commercial Site/Building Development Standards (Chapter IV of the SPSP) to
establish development standards for the installation and operation of lightning protection
devices.
There was no one present wishing to speak.
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Motion by Deputy Mayor Goldby, seconded by Councilmember Emery, to close the public
hearing and adopt Resolution No. 01-080, entitled, "A Resolution of the City Council of the
City of Poway, California, Approving a Specific Plan Amendment (SPA 84-01ZZ) to the
South Poway Specific Plan Establishing Development Standards for the Installation and
Operation of Lightning Protection Devices." Motion carried unanimously.
ITEM 6 (203-24, 203-14, 203-04)
MINOR CONDITIONAL USE PERMIT 00-006
DEVELOPMENT REVIEW 00-17
VARIANCE 01-11
APPLICANT: MARK ABELKOP, SAN DIEGO MITSUBISHI
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is a request to construct a 5.016
square-foot automobile sales office and a 2,340 square-foot service facility on a 0.99-acre
site located at the northwest corner of Poway Road and Evanston Drive. A Variance is
also requested to reduce the front yard and streetside side-yard setback from 20 feet to 15
feet.
The following person was present wishing to speak:
Vivian Harrington, 13838 Poway Road, spoke in support provided she receives the
electronic entry gate to her property, no parking be allowed in the easement and the light
be turned that as currently situated would shine in her living room window.
Motion by Councilmember Emery, seconded by Mayor Cafagna, to close the public hearing
and adopt Planning Resolution No. P-01-42, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Minor Conditional Use Permit 00-006,
Development Review 00-17 and Variance 01-11 Assessor's Parcel Number 323-201-22,"
as amended to not allow parking in the easement area. Motion carried 4-1 with Deputy
Mayor Goldby voting "no".
ITEM 7 (1141-04)
POTABLE WATER
WATER SYSTEM FACILITIES MASTER PLAN UPDATE
Mayor Cafagna opened the public hearing. Introduction by City Manager Bowersox. Staff
report by Development Services Director Fritz. This is an update of the City's Master
Water System Facilities Plan - Potable Water which was prepared by Boyle Engineering
Corporation.
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The new Master Plan investigates the impacts of changes to land use and water demands,
the creation of Service Area Limits, and the creation of a list of future Capital Improvement
Plan projects.
The following people were present wishing to speak:
John Pavin, 16155 Poway Road, spoke in opposition
Al Abulofla, P.O. Box 277, spoke in opposition
Motion by Councilmember Emery, seconded by Councilmember Higginson, to close the
public hearing and adopt Resolution No. 01-081, entitled, "A Resolution of the City Council
of the City of Poway, California, Adopting the Master Water System Facilities Plan Update
- Potable Water, Including a Policy regarding Future Extensions of the Potable Water
System." Motion carried 4-1 with Councilmember Goldby voting "no."
ITEM 8 (401-27)
TAX RATES FOR BOND INTEREST AND REDEMPTION
FISCAL YEAR 2001-2002
IMPROVEMENT DISTRICTS
POWAY MUNICIPAL WATER DISTRICT
Mayor Cafagna opened the public hearing. Staff report by City Manager Bowersox. In
order to have the bond principal and interest for Fiscal Year 2001-2002 collected on the tax
roll, it is necessary for the City Council to approve the rates for the bond issues and to
notify the County of San Diego of the amount to be levied.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing and adopt Resolution No. 01-082, 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 2001-2002 for Improvement Districts of the City Formedy
Known as Poway Municipal Water District." Motion carried unanimously.
ITEM 9 (203-10)
APPEAL
MINOR DEVELOPMENT REVIEW 01-045
Staff report by City Manager Bowersox. This is an appeal of the approval of Minor
Development Review 01-045 allowing the construction of a 3,470 square-foot residence
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Page 8 - CITY OF POWAY - August 14, 2001
and a 30 square-foot garage at 16316 Orchard Bend Road. The subject property is a 1.05-
acre site. While the applicants (Earle, Urbano and Seeds) are in agreement with the
conditions of approval, several neighbors appealed the condition requiring that the existing
private road be widened from approximately 15 feet to 20 feet in width, as required by the
Poway Municipal Code. The existing width of the private road would not allow access for
an emergency crew with fire engines, trucks and/or an ambulance to get through in an
emergency, when there is another vehicle using the road at that time.
The following people were present speaking in opposition:
Ronald Hempfling, 16318 Orchard Bend Road
Paul Le Buhn, 16310 Orchard Bend Road
Andrea Plummer, 16326 Orchard Bend Road
Paul Rexford, 11570 Creek Road, expressed his views on the item
Motion by Councilmember Higginson, seconded by Councilmember Rexford, to adopt
Planning Resolution No. P-01-43, entitled, "A Resolution of the City Council of the City of
Poway, California Approving Minor Development Review 01-045 Assessor's Parcel
Number 272-292-31 ," as amended to include a 20 foot clear roadway, 16 feet of which is
already paved, and the additional widening of 4-5 feet to be made of DG material as
dictated by standards. Motion carried unanimously.
ITEM 10 (203-01)
TENTATIVE TRACT MAP 99-01R
STREETSCAPE DESIGN/ARCHITECTURAL MATERIALS
MAINTENANCE EASEMENT/HERITAGE SYCAMORE TREE
APPLICANT: DIROMA ESTATES, BOB LAMAGNO
Staff report by City Manager Bowersox. On October 3, 2000, Council approved TTM 99-
01 R, a 14-1ot residential subdivision within the 14400 block of Midland Road. This report is
a follow-up to a Condition of Approval requiring that the Council review and approve the
landscape plans and presents a request from buyers of lots within Diroma Estates to build
homes using stucco and simulated authentic exterior materials. The applicant, Mr.
Lamagno, has requested the discussion of the easement and maintenance of the Heritage
Sycamore Tree be continued to the August 28, 2001 meeting.
The following people were present wishing to speak:
Fred Zuill, 13636 Outlook Road
Dee Fleischman, 15070 Pomerado Road
Bob Lamagno, applicant, responded to questions of the Council and public
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Motion by Councilmember Rexford, seconded by Councilmember Emery, to continue the
discussion on the maintenance of the Heritage Sycamore Tree to August 28, 2001;
approve Alternative C for the noise wall design; approve the proposed landscape plan for
Midland Road as amended to have non-deciduous street trees and to allow the use of high
quality simulated materials on homes, no use of stucco is to be visible from any street.
Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
22A. Councilmember Emery requested Mayor Cafagna provide an update on the Status
of RGEC (Regional Government Efficiency Commission). (1503-46)
23.
Deputy Mayor Goldby requested an update on the relocation effort of Mikey's
Coffee Shop.
25A. Councilmember Rexford requested an explanation from staff on the differences
between guesthouses and accessory apartments. (1506-06)
ADJOURNMENT
Mayor Cafagna adjourned the meeting at 9:25 p.m. on motion by Councilmember Emery,
second by Councilmember Rexford.
L~ri~Anne P-e~ples City Cl~rk -
City of Poway
7330