CC 1994 07-12 CITY OF POWAY, CALZFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 12, 1994
The July 12, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Tony Snesko, Don Higginson
STAFF HEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Reba Wright-Quastler
Randy Williams
Warren Shafer
Steve Streeter
David Narevsky
Javid Siminou
Peter Moote
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Principal Planner
Redevelopment Manager
Senior Civil Engineer
Deputy Dir. of Admin. Services
Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. Linda
Vanderveen and Leigh Blankenbeckler, co-chairpersons of Poway High School's 1994
Grad Nite presented Grad Nite T-shirts to the Councilmembers to say "thanks",
particularly for the use of Western Lumber building to construct their sets.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt the
Consent Calendar as follows:
15. Approval of Minutes - City Council
June 14, 1994, Regular Meeting
June 21, 1994, Regular Meeting
17. Ratification of Warrant Register - June 23, 1994
(401-10)
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18.
Award of bid for the annual supply of chemicals for use at the Filtration
Plant to: 1) General Chemical, for alum in the amount of $18,200; 2) Jones
Chemical, for liquid chlorine in the amount of $17,660; 3) Carus Chemical,
for potassium permanganate in the amount of $9,483.70; and 4) Crown
Chemical, for sodium hydroxide in the amount of $14,587.50. (601-03)
19. Appropriation of $54,750 from the Redevelopment Agency Administrative Fund
for Phase I of a Mobile Home Park Study. (1141-10R)
20.
Approval of parcel map for Old Coach Estates, Tentative Parcel Map 92-04,
Environmental Development, Ltd., applicant; located on Old Coach Road,
and approval of Memorandums of Understanding requiring the payment of
$60,743.60, which is ten percent of the sewer connection fee, by June 11,
1996 and like amounts in each of the following two years. (203-01)
20.1
Approval of appropriation of $1,087 from the General Fund for legal fees
and management audit expenses for the San Diego Solid Waste Management
Authority. (1503-36)
Motion carried unanimously.
ITEM 4 (203-01)
TENTATIVE TRACT MAP 94-02
APPLICANT: DOUGLAS KEYES
Staff report by City Manager Bowersox. This is a request to subdivide 9.22 net
acres into 62 single-family lots at the northeast corner of Pomerado Road and
Metate Lane. At the June 21, 1994 City Council meeting, the City Council
requested modifications to the map including elimination of the flag lots and
enlargement of the mini-park. These modifications have been made. Staff
recommends approval.
Speaking in favor of staff recommendation:
Douglas Keyes, 6910 Miramar Road, #205, San Diego He requested some
clarification changes to the Resolution. Staff concurred.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-94-31, entitled, "A Resolution
of the City Council of the City of Poway Approving Tentative Tract Map 94-02,
Assessor's Parcel Number 317-211-02, 04," with the changes requested by the
applicant. Motion carried unanimously.
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ITEM 5 (203-08)
CONDITIONAL USE PERMIT 94-02
APPLICANT: JOHN GIBBS
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. This is a request for approval of an existing
accessory apartment of 576 square feet within an existing 1,440 square foot
storage building at 15360 Espola Road, south of Northcrest Lane and was continued
from June 28, 1994 at the applicant's request. Adding a kitchen to this building
makes it an accessory apartment requiring a Conditional Use Permit. Conditions
of approval include the addition of a carport and prohibition on residents of the
accessory structure using Northcrest Lane for access. Staff recommends approval.
Councilmember Emery asked about Finding #6, "That there are public facilities and
utilities available to service the project," and whether the City has enough
sewage capacity to put an accessory unit on every lot in the City. City Manager
Bowersox stated we would have to purchase additional capacity. Councilmember
Snesko asked City Attorney Eckis to clarify the State's requirements for cities
to allow second units.
Speaking in opposition to staff recommendation:
Bridgit Howard, 15408 Espola Road, presented pictures illustrating the
impact of this unit on her home, and a copy of a mediation judgment
between her and the Gibbs.
Jeffrey Agnew, 1236 Main Street, #204, Ramona, Mrs. Howard's attorney,
stated that the entire downstairs should be included in the square
footage calculation
Evy Silk, 13854 Northcrest Lane
Rong Ferng, 13942 Northcrest Lane
Jan Goka, 13940 Northcrest Lane
Ken Faucher, 13810 Northcrest Lane
Jim Seifert, 16344 Martincoit Road
Tanya Moore, 14110 Northcrest Lane
Speakers objected to making this structure a legal accessory apartment when it
was originally stated it was being built as a storage barn. There was also
objection to it being a two-story structure when the primary residence on this
site is single-story.
Speaking in favor of staff recommendation:
Jack Mitchell, 13894 Putney Road, attorney for the Gibbs.
Council asked about adding a penalty clause that would apply when someone builds
something illegally and then tries to legalize it. Mayor Higginson pointed out
that the horse boarding facilities were allowed to operate illegally for many
years and we are now allowing them to become legal.
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Motion by Councilmember Emery, seconded by Councilmember Callery to deny staff
recommendation. Motion failed 2-3 with Councilmember Cafagna, Councilmember
Snesko, and Mayor Higginson voting "no."
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-94-32, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 94-02, Assessor's Parcel Number 321-012-50," with the requirement to
provide some type of screening on the second story windows to eliminate the
reflection from headlights on EspolaRoad. Motion carried 3-2 with Councilmember
Callery and Councilmember Emery voting "no." Staff was requested to report back
regarding adding a penalty clause to the Code and to clarify the two story
accessory apartment question.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 94-03
MINOR DEVELOPMENT REVIEW 94-18
OWNER: BENJAMIN LIN
Staff report by City Manager Bowersox. This is a request to construct an
attached 1,065 square foot accessory apartment with a single car garage and a
lighted tennis court at 15902 E1Camino Entrada and was continued from June 28,
1994. Staff recommends approval
Speaking in opposition to staff recommendation:
Lyle Arnold, 15638 Boulder Mountain Road
Jeff Frick, 15832 Lime Grove Road
Gary Belfry, 15921 Overview Road
Alfred Liguori, 15929 Overview Road
Speakers expressed opposition to the lights and resultant noise from tennis
playing into the evening.
Speaking in favor of staff recommendation:
Bill Yen, 7815 Silverton Avenue, San Diego
Tim Vanderveen, 13571 Summit Circle
Motion by Councilmember Emery, seconded by Councilmember Snesko to close the
public hearing and adopt Planning Resolution No. P-94-33, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 94-03 and Minor Development Review 94-18, Assessor's Parcel Number 275-
271-03," with a lowering of the tennis court elevation and good screening with
plantings. Motion carried unanimously.
Council pointed out that the neighbors can request a reduction in the hours the
tennis court can be lighted if there is a problem in the future.
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ITEM 7 (1204-05)
WATER AND SEWER RATES
Staff report by City Manager Bowersox. Staff recommends an increase in the water
use per unit charge from $1.496 to $1.585 due to increases in the cost of raw
water purchased from the Metropolitan Water District and County Water Authority;
the partial financing of Poway's water treatment plant upgrade; and an increase
from $.07 per unit to $.75 per unit for the capital replacement fund, as
recommended by MSI. Staff also recommends an increase in sewer service charge
from $40.58 per equivalent dwelling unit (EDU) bimonthly to $43.83 per EDU, due
to increase for San Diego Metropolitan sewer charges and Clean Water Program
charges. Staff proposes using the rate stabilization funds to lower the overall
increase.
Speaking in opposition to staff recommendation:
Sylvia Nicpon, 13325 Buena Vista, President of Poway Royal Association
stated opposition to sewer rate increases because she feels they are
paying more than their fair share of sewer costs.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, adopt Resolution No. 94-079, entitled, "A Resolution of the City
Council of the City of Poway, California, Establishing Water Rates for Fiscal
Year 1994-1995 and Rescinding Resolution No. 93-096," and Resolution No. 94-080,
entitled, "A Resolution of the City Council of the City of Poway, California,
amending the Schedule of Sewer Service Charges and Establishing Sewer Service
Charges for Fiscal Year 1994-1995 and Rescinding Resolution No. 93-097." Motion
carried unanimously. The new rates will be effective with the first full billing
cycle after July 1, 1994. Motion carried unanimously.
ITEM 8 (203-08)
CONDITIONAL USE PERMIT 94-10
APPLICANT: TONY SALMERI
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to relocate a gymnastics school from 12925
Brookprinter Place to an existing building at 12850 Brookprinter Place in the
South Poway Business Park. Staff recommends approval.
Speaking in opposition to staff recommendation:
Jerry Gotschall, 12778 Brookprinter Place, who expressed concern about
children being around in an area where there are many trucks coming and
going.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-94-34, entitled, "A Resolution
of the City Council of the City of Poway, California, Approving Conditional Use
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Permit 94-10, Assessor's Parcel Number 317-224-22," with an added condition to
review in six months to determine if there are any problems. Motion carried
unanimously.
ITEM 9 (203-08)
CONDITIONAL USE PERMIT 94-13
APPLICANT: J. N. MECHLING
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to relocate a martial arts studio from 12639 Poway
Road to 12657 Poway Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Planning Resolution No. P-94-35, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 94-13, Assessor's Parcel Number 317-490-62." Motion carried unanimously.
ITEM 10 (203-24)
MINOR CONDITIONAL USE PERMIT 94-03
OWNER: JOHN AND BARBARA BROWNE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to add a 630 square foot dining room addition on to
an existing retirement home at 14755 Budwin Lane. Staff recommends approval.
There was no one present wishing to speak.
Director of Planning Services Wright-Quastler noted we have received a letter
requesting that their sign conform to requirements for a residential area and the
Resolution will be amended to add this condition.
Motion by Councilmember Callery, seconded by Councilmember Snesko to close the
public hearing and adopt Planning Resolution No. P-94-36, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 94-03, Assessor's Parcel Number 321-410-39," with the added condition
regarding the sign. Motion carried unanimously.
ITEM 11 (1170-04)
SOURCE REDUCTION AND RECYCLING ELEMENT
HOUSEHOLD HAZARDOUS WASTE ELEMENT
NON-DISPOSAL FACILITY ELEMENT
ENVIRONMENTAL ASSESSMENT
Mayor Higginson opened the public hearing.
Staff report by City Manager
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Bowersox. The State requires each jurisdiction to hold a public hearing prior
to adoption of the final Source Reduction and Recycling Element, Nousehold
Hazardous Waste Element, and Non-Disposal Facility Element. Staff recommends
issuance of a Negative Declaration and setting a public hearing for August 16,
1994 to adopt the final drafts.
There was no one present wishing to speak.
Councilmember Callery suggested the draft be; updated to reflect current trash
collection practices in Poway.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, issue a Negative Declaration and set August 16, 1994 as the
public hearing to adopt the final drafts of the Source Reduction and Recycling
Element, Household Hazardous Waste Element, and Non-Disposal Facility Element.
Motion carried unanimously.
ITEM 12 (1180-05)
COMMUNITY CONTRIBUTION REQUEST
"JUST SAY NO" CLUBS OF PUSD
Staff report by City Manager Bowersox. The City has received a request for
financial support for "Just Say No" clubs in the Poway Unified School District
for the Red Ribbon Program. Staff recommends a donation of $500.
Speaking in favor of staff recommendation:
Nadine Linares, 13025 Birch Lane. She asked for suggestions of other
sources for funds. Mayor Higginson suggested she ask the City of San
Diego and stated Director of Community Services Thomas could assist her in
locating sources.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve a
$500 donation for the "Just Say No" Clubs of Poway Unified School District.
Motion carried unanimously.
ITEM 13 (702-02)
TIE VOTE DURING MUNICIPAL ELECTION
Staff report by City ClerkWahlsten. Elections Code Section 20501 gives the City
Council two options for resolving a tie vote: drawing by lot or a special
election. The decision has to be made prior to an election. In 1986, the City
Council adopted Resolution 86-071 providing for a runoff election and that
Resolution is still in effect. The cost of a special election would be
approximately $50,000 and staff is requesting the City Council review this item
and determine how a tie vote in the November 8, 1994 election would be
determined.
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Council concurred that the expense of a special election demands that a tie vote
be resolved by drawing by lot and directed staff to prepare the necessary
Resolution.
ITEM 14 (202-01)
GOALS AND OBJECTIVES
Council concurred to hold a workshop on August 18, 1994 to present goals and
objectives for inclusion in the 1994-95 financial plan.
ITEM 14.1 (701-11)
PENDING HOUSING LEGISLATION
Staff report by City Manager Bowersox. During the current two-year legislative
session, the City Council has actively pursued amendments to the State housing
laws in order to provide flexibility in the manner by which cities could meet
their housing objectives. There are four housing reform measures currently under
consideration by the State legislature and staff recommends the City Council
state their position on them.
Motion by Councilmember Callery, seconded by Councilmember Emery to support AB
764 which would give cities greater flexibility in meeting affordable housing
requirements by allowing conversion and rehabilitation of affordable housing to
contribute to the total number of fair share housing; support SB 1839 which would
transform housing element law into a performance-based program that provides
incentives to encourage affordable housing; oppose AB 51 which increases the
level of State Housing and Community Development involvement in local planning;
oppose AB 3198 which narrows the conditions under which the city could restrict
second units by local ordinance.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
26.
Councilmember Snesko requested reimbursement for $130.35 in costs he had
incurred for copying videos and photocopying letters in his efforts to get
Congress to limit transmission of the SPICE channel on cable television.
Council concurred with the reimbursement.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10:00 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
ahlsten, City Clerk
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