CC 1995 02-28 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
FEBRUARY 28, lgg5
The February 28, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:03 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILHEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
David Narevsky
Pamela Colby
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Redevelopment Manager
Senior Management Analyst
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Higginson presented a check for $500 to David Hamann of Rancho
Bernardo High School for their Grad Nite '95 celebration.
Mayor Higginson presented plaques to Sheriff's Sgt. Billie Bustamante and
Deputy Bill Jehl for their service on the City's Traffic Safety Committee.
STATE OF THE CITY ADDRESS
Mayor Higginson presented his "State of the City" address.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications.
following persons were present wishing to speak:
(701-01)
The
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Wanda Huntsman, 16736 Espola Road, requested sound studies be done and a
sound wall be installed on Espola Road between Bridlewood and Valle Verde Park.
Jim Seifert,
(Tentative Parcel
adjustment.
16344 Martincoit Road, asked about Old Coach Golf Estates
Map 92-04), and changes made to the map through a boundary
(203-01)
Larry Cruse, 13734 Utopia Road, stated the bids for the Rancho Bernardo
library came in 40% less per square foot than their estimates and suggested our
budget may need to be redone. Director of Community Services Thomas will respond
to him.
Philip Gorgone, 3990 Old Town Avenue, San Diego,
Opportunities, Inc. introduced himself to the City Council.
affordable housing projects.
with Housing
His firm builds
CONSENT CALENDAR
Mayor Higginson stated that Item 28 was pulled from the Consent Calendar by the
public.
Motion by Councilmember Callery, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
19.
Approval of Minutes - City Council
January 24, 1995, Cancelled Meeting
January 31, 1995, Regular Meeting
February 7, 1995, Regular Meeting
21.
Ratification of Warrant Registers for period of January 30-February 3,
1995, and February 6-10, 1995. (401-10)
22. Approval of City's Investment Report: January 31, 1995.
(408-01)
23.
Denial of claims for damages: A) Joe and Kellie Fraccalvieri; B) Brian K.
Martinson; and C) John L. Johnston. (704-13)
24.
Acceptance of Espola Road/Valle Verde reconstruction from Superior Ready
Mix. (407-4328) (602-01 #1026)
26.
Approval of the extension of two Standard Agreements, Allan Royster
applicant, located at the southeast corner of Stone Canyon and Pomerado
Roads: Phase I, Tentative Map 88-13, Stone Canyon Court to February 28,
1996; and Phase 2, Tentative Map 90-04, Footman Lane II to February 28,
1997. (602-01 #740 & #973)
27.
Authorize acquisition of right-of-way and mitigation land for Scripps
Poway Parkway East, located east of Sycamore Canyon Road, west of SR 67;
Doris Schreiber, owner. (1002-01R)
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Motion carried unanimously.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 94-17
VARIANCE 94-10/REHEARING
APPLICANT: RIC AND BARBARA DUDECK
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On January 3, 1995, the City Council approved Conditional Use Permit
94-17 and Variance 94-10 to legalize an existing second living unit which would
permit its rental and a variance to allow the placement of a carport within the
side-yard setback at 12859 Luiseno Drive. A neighbor filed a request for
rehearing and on January 17, 1995 the City Council granted the request and
scheduled it for this meeting. Staff continues to recommend approval,
City Attorney Eckis reminded the City Council and the public that this is a new
public hearing and if the Council chooses to deny the application, it must be
done on specific grounds.
Speaking in favor of staff recommendation:
Pat Petrovich, 14011 Woodland Parkway
Ric DuDeck~ 12859 Luiseno, stated the request was consistent with the
neighborhood. He requested a waiver for the carport, stated they are willing to
have a covenant restricting the rental to one tenant only and vacating the CUP
when they sell the property.
Speaking in opposition to staff recommendation:
Jerry Hargarten, 13622 Orchard Gate, stated Green Valley Civic Association
has a general opposition to second dwelling units because of the unplanned
increase in density. He cited the 21 letters submitted to the City Council
requesting the rehearing and the recitations of architectural incompatibility of
the carport and negative impact on property values.
Ed Muscat, 12865 Luiseno Drive, presented a petition signed by neighbors
in opposition and a letter from a realtor citing a potential decrease in property
value from the carport and rental unit. The carport would be closest to his
property.
Sandra Jacobs, 12829 Luiseno, cited incompatibility of a carport in this
area.
Gary Kowal, 12823 Luiseno Drive, stated this would be a negative impact on
property values.
Julia Engler, 12856 Luiseno, cited architectural and aesthetic
incompatibility of the carport in the neighborhood and negative impact on
property values.
Chris Huddy, 12848 Luiseno Drive
Joan O'Sullivan, 12853 Indian Trail
Dennis Schafer, 16122 Del Norte
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Stuart Edleson, 12826 Indian Trail, stated this would the change character
of the neighborhood. Rental units are not appropriate. He cited inadequate
parking for the tenant based on a letter from Mr. DuDeck.
Ron Fawcett, 12841Luiseno, stated a rental unit is inconsistent with the
General Plan and a carport would be architecturally incompatible.
Herbert Hotaling, 12845 Indian Trail, stated the RR-C zone is intended for
single-family, large lot development, not rental units. The variance would
disrupt the integrity of the neighborhood.
Motion by Councilmember Emery, seconded by Mayor Higginson to close the public
hearing. Motion carried unanimously.
Councilmember Emery stated it is not incumbent on the City Council to legalize
a use even though it already exists and he is able to make the findings set forth
by the City Attorney. He made amotion to deny the application. Motion seconded
by Councilmember Rexford who stated she could make the findings of architectural
incompatibility of the second unit and negative impact on property values.
Motion carried unanimously.
Councilmember Callery noted for the audience that accessory apartments are
allowed as a conditional use in all residential zones in Poway because State law
requires it.
ITEM 7 ((203-08)
CONDITIONAL USE PERMIT 95-01
DEVELOPMENT REVIEW 95-01
APPLICANT: CITY OF POWAY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 4,000 square foot administration
building at the Operations Center at 14445 Lake Poway Road, the construction of
a 1,200 square foot addition to the control building at the Berglund Water
Treatment Plant at 14521 Lake Poway Road, the addition of a water storage tank
and the replacement of existing chemical storage tanks, water filters and the
clearwell cover. Staff recommends approval.
Speaking in opposition to staff recommendation:
Linda Ahkami, 14399 Blue Sage Road, asked whose offices were going to be
in the administration building, requested the landscaping along Lake Poway Road
be improved, and asked what's planned for the property next.
City Manager Bowersox stated the offices are for the persons currently in the
temporary trailers on site and at Lake Poway. Director of Public Services
Williams stated nothing else is planned for this facility.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing, issue a Negative Declaration with mitigation measures, and adopt
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Planning Resolution No. P-94-11, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Conditional Use Permit 95-01 and
Development Review 95-01, Assessor's Parcel Number 278-431-36, 37." Motion
carried unanimously.
ITEMS 8-15 (1002-01)
EMINENT DOMAIN PROCEEDINGS
SCRIPPS POWAY PARKWAY EAST
Mayor Higginson opened the public hearings on Items 8 through 15, all Resolutions
of Necessity to acquire certain property for the construction of Scripps Poway
Parkway East. City Attorney Eckis recommended these all be continued to March
14, 1995.
Kevin McCann, 3890 Pio Pico Street, Carlsbad, attorney for the property owner in
Item 10, Poway FTC 142 Limited Partnership, stated their property is in the
County of San Diego and City staff just received authorization to negotiate for
the County and they need more time.
Motion by Councilmember Emery, seconded by Councilmember Callery to continue
these public hearings to March 14, 1995. Motion carried unanimously.
ITEM 16 (701-04)
ORDINANCE NO. 442/FIRST READING
CIVIL LIABILITY FOR GRAFFITI CONVICTIONS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
442, "An Ordinance of the City of Poway, California Amending Chapter 9.56 of the
PowayMunicipal Code Regarding Graffiti." Staff report by City Manager Bowersox.
This ordinance amends the Poway Municipal Code to reflect the new civil liability
ceiling of $25,000 imposed by state law on parents of juveniles convicted of
graffiti offenses.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to waive
further reading and continue the public hearing to March 14, 1995 for second
reading. Motion carried unanimously.
ITEM 17 (1180-03)
MILITARY AIRCRAFT NOISE
Staff report by City Manager Bowersox. At the City Council meeting of January
31, 1995 a citizen raised concerns about increasing noise levels from aircraft
at Miramar Naval Air Station.
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Fred Pierson, Public Affairs Officer from Miramar Navy/Marine Air Corps Station,
was present to answer questions. He gave the Miramar noise hotline number and
urged citizens to call when they had complaints or questions.
ITEM 18 (1170-05)
DRAINAGE ON GOLDEN WAY
Staff report by City Manager Bowersox. At the City Council meeting of January
31, 1995, Jim Francella complained about drainage problems at his home on Golden
Way. Staff recommends that the City Council direct them to study channel
improvements to the area between Gate Drive and Neddick Avenue in the future
capital improvement program. In addition, staff will meet with residents to
discuss means to increase channel capacity to reduce localized flooding.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to approve staff
recommendation. Motion carried unanimously.
ITEM 28 (602-01 #979)
CDBG FUNDED HOUSING REHABILITATION PROGRAM
Mayor Higginson stated this item was pulled from the Consent Calendar by the
public. Staff report by City Manager Bowersox. In order to begin implementation
of the Community Development Block Grant funded Housing Rehabilitation program
for low and very-low income Poway residents, execution of a Management and
Implementation Agreement between the City and the County is required.
Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Estates Homeowners
Association, asked questions about the program.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve the
Agreement for Management. Motion carried unanimously.
ITEM 29 (208-00)
PROCESS FOR REALLOCATION OF SENIOR AND
FAMILY HOUSING ON DESIGNATED SITES
Redevelopment and Housing Advisory Committee members present included: Chairman
Tom Tremble, Duke Ayers, Richard Burke, Alan Dusi, Kennon Dial, Jim Crosby,
Gordon Meyer, Darwin Drake, Joyce Eiswald, Peggy Lester, Mary Mitchell, Roger
Willoughby, and Bob Wolinski.
Staff report by City Manager Bowersox. On January 26, 1995, a judgement was
entered on Smith v. All Persons. As a result, the Redevelopment Agency is
required to modify the mix of affordable senior and family housing now planned
by the Agency on the five designated sites: Haley, Breihan (Haley II), Gateway,
Brookview and Bowron Road (Huber). The two Haley sites are family, the others
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Page 7 - CITY OF POWAY - February 28, 1995
are planned to be senior. Either the Brookview or Bowron site will need to be
fully or partially changed to family since the Gateway project will only be
constructed as senior by the property owner, Retirement Housing Foundation.
The Council needs to determine the process to follow in making the reallocation.
There appear to be three options, or a combination. First option would be to
have the Redevelopment and Housing Advisory Committee hold hearings and then make
a recommendation to the City Council. The City Council would then hold public
hearings and take the final action. The second option would be for the RHAC to
consider the subject and make a recommendation to the City Council to be
considered along with public testimony at a public hearing. The third option
is for the City Council to hold public hearings and make the determination.
Speaking in oppostion to family housing on the Brookview site:
Sandy Victor, 13187 Valewood Road
Bill Rickles, 13725 Utopia Road, suggested Option 1 be used
Walter Marggraf, 12255 Sage View Road
Walter Metcalk, 13115 Valewood Road
Les Revier, 13020 Oak Knoll Road, suggested Option i be used
Eugene Rhodes, 13164 Valewood Road
Committee members expressed their preference for the options, as follows: Tom
Tremble, Option 1; Peggy Lester; Option 1; Gordon Meyer, Option 1; Richard
Bentley, Option 1; Jim Crosby, Option 2; Alan Dusi, Options 2 or 3; Joyce
Eiswald, Option 2; Mary Mitchell, Option 2; Kennon Dial, Option 1, Bob Wolinski,
Option 1.
Motion by Councilmember Emery, seconded by Mayor Higginson to use Option 1 where
the Redevelopment and Housing Advisory Committee would hold a public hearing and
then send a recommendation to the City Council for a subsequent public hearing.
Motion carried unanimously.
Phillip Cass, 12220 Sage View Road, stated there is a major concern about
communication and opportunity for input.
City Attorney Eckis stated staff will use the same mailing list for both
hearings. In addition, Poway Valley Senior Citizens and Poway Unified School
District will be noticed. Also, anyone who files a request with the City Clerk
to receive notice will be added to the list.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
36.
Mayor Higginson stated that at SANDAG's last meeting, the Board was poised
to turn down MTDB's decision to expedite the construction of the trolley
extension from Old Town to the Stadium by shifting funds from future
allocations. Because, as our SANDAG represenative, he did not know how
Councilmember Emery, our MTDB representative had voted on this item, he
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Page 8 - CITY OF POWAY - February 28, 1995
requested the item be continued until direction could be given by the City
Council. Council concurred with Councilmember Emery's request that we
support MTDB's action.
Councilmember Emery requested and received concurrence from the City
Council to begin discussions with MTDB to push the 1-15 corridor up in
priority since the Coaster commuter train has been implemented in the I-5
corridor.
ADJOURNHENT
Upon motion by Councilmember Callery, seconded by Councilmember Cafagna, Mayor
Hi§ginson ordered the meeting adjourned to 6:00 p.m., Thursday, March 2, 1995.
The time of adjournment was 10:12 p.m.
Marjori~ K. Wahlsten, City Clerk
City iof ~Poway
5438
NO T/CE
NOTICE IS HEREBY GIVEN THAT THE FEBRUARY 2~ 1995, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated: March 1, 1995
ORDER OF ADJOURNMENT
Upon motion by Councilmember Callery,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
6:00 p.m., Thursday, March 2, 1995
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 10:12 p.m.
Marjori/e l~. Wahlsten, City Clerk
City of~P?way, California
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
10:00 a.m.
Dated at Poway, California, on March 1, 1995
arjor~e~(. Wahlsten, City Clerk
City off, way, California