CC 1995 03-14 CITY OF POWAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR HEETING
MARCH 14, 1995
The March 14, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILNEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Steve Streeter
Jim Bentz
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
Principal Planner
Community Services Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak regarding low income housing on
the Brookview site:
Sue Fox, 12396 Sage View Road
Walter Metcalf, 13115 Valewood Road
Jeff Schipper, 12347 Mesa Crest Rod
Donna Hauswirth, 12316 Sage View
Michael Price, 12233 Sage View Road
Mark Lawless, 12379 Sage View Road
Alice Lawless, 12280 Sage View
Maxwell Llanos, 12317 Sage View Road
(2o8-oo)
Speakers asked why 4 of the 5 designated low income housing sites are in South
Poway; questioned compatibility of the Brookview site with the neighborhood;
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stated what they had been told when they purchased their homes regarding this
site; expressed concern regarding a road going from their subdivision to the
Brookview site; and suggested the court order be appealed.
Ernest Piper, 14410 Crestwood, suggested a flashing light on Pomerado Road
at Pomerado School; stated Pomerado Road needs repair; and suggested trees
be planted on the east side of Pomerado Road south of Ted Williams Parkway
to screen the flood control channel.
Charles McLauchlan, P.O. Box 12, asked about unfunded Phase 2 improvements
in the South Poway Business Park and stated he was not being included in
meetings regarding the proposed amphitheater as he had requested. He
presented a letter from his attorney. (203-21)
Will Kane, 14243 Midland Road, asked for assistance in solving the
drainage problems affecting property he owns on Golden Way.
CONSENT CALENDAR
Mayor Higginson stated Item 22 had been pulled from the Consent Calendar by
Councilmember Rexford and the public.
City Attorney Eckis stated that Item 22.1 includes property Attorney Kevin McCann
spoke to the City Council about on March 7, 1995. Staff and the property owners
have reached agreement for the acquisition of right-of-way.
Motion by Councilmember Callery, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
15.
17.
18.
19.
20.
Approval of Minutes - City Council
February 16, 1995, Adjourned Regular Meeting
February 21, 1995, Regular Meeting
Ratification of Warrant Register for period of February 20-24, 1995
(401-10)
Adoption of Resolution No. 95-008, entitled, "A Resolution of the City
Council of the City of Poway, California, Authorizing the City Department
Head to Destroy City Records After the Same are no Longer Required."
(304-03)
Adoption of Resolution No. P-95-14, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
95-05", San Diego Bicycle Club, applicant, for a United States Cycling
Federation sanctioned bicycle race to be held in the South Poway Business
Park, on Saturday, May 20, 1995, from 8:00 a.m. to 4:00 p.m. (203-07)
Approval of an agreement with Comprehensive Housing Services Inc., for
administration of the CDBG Housing Rehabilitation Program.(602-01 #1052)
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21.
Approval of one-year contract extensions for landscape maintenance service
for the following Landscape Maintenance Districts: A) LMD 83-1: Adobe
Ridge II, Camino del Norte, Country Creek, Gateway/La Manda, Rio Court,
and Woodland Hills; Pac West Land Care, Inc., contractor (602-01 #968); B)
LMD 83-1/86-1: Poway 16, Twin Peaks Plaza, Piedmont Park, and Stone Canyon
Ranch; Heaviland Enterprises, Inc, contractor (602-01 #875); C) LMD 86-1:
Bridlewood, The Grove, Huntington Gate, and Serenata; Pac West Land Care,
contractor (602-01 #915); D) LMD 86-2A: Sunrise Ranch and SilverRidge; Pac
West Land Care, contractor (602-01 #917); E) LMD 86-2B/LMD 86-3B: Sycamore
Creek and Community Road Medians; Krueger Landscape, contractor (602-01
#984); and F) LMD 86-3A: The Pond and Poway Estates (AKA Sycamore
Springs); Pac West Land Care, Inc., contractor (602-01 #969).
22.1
Authorization to acquire right-of-way and mitigation land for Scripps
Poway Parkway East: a portion of Assessor Parcel Numbers 323-080-03 & 04
and 323-110-59 from Sanrex for $563,400; a portion of APN 324-070-03 and
323-011-03 from Poway FTC Limited Partnership for $800,000; and APN 323-
110-28 from Point Loma Nazarene College for $119,880. (Continued from
March 7, 1995, Item 15.1) (1002-01R)
22.2 Designation of Carol T. Banks as Assistant City Attorney. (602-01 #259)
Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 442/SECOND READING
PARENTS' CIVIL LIABILITY FOR GRAFFITI
(Councilmember Emery left the room.)
Mayor Higginson read the title of Ordinance No. 442, "An Ordinance of the City
of Poway, California, Amending Chapter 9.56 of the Poway Municipal Code Regarding
Graffiti." Staff report by City Manager Bowersox. This brings our Municipal
Code into conformance with state law which sets the civil liability for parents
or guardians of juveniles convicted of graffiti offenses at $25,000. Staff
recommends adoption.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the
public hearing, waive further reading and adopt Ordinance No. 442. Motion
carried 4-0 with Councilmember Emery out of the room.
ITEMS 5-12 (1002-01)
NECESSITY FOR EMINENT DOMAIN PROCEEDINGS
SCRIPPS POWAY PARKWAY EAST TO HIGHWAY 67
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Mayor Higginson opened the public hearings on Items 5 through 12. These items
are all Resolutions of Necessity for property acquisition for right-of-way for
Scripps Poway Parkway East. City Attorney Eckis stated that staff has reached
agreement on all items except 6, 8, 11 and 12. Only Item 11 is a substantial
monetary acquisition. Staff will file complaints in condemnation to start the
process in order to obtain possession in approximately 30 days. The other items
either have escrows pending or are contained in Item 22.1 on tonight's Consent
Calendar. It is necessary to adopt the Resolutions on all of them in order if
one should fall out of escrow we're not 90 days behind in the process.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-009, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (Schreiber - APN 324-070-04 - Full
Taking)." Motion carried 4-0 with Councilmember Emery out of the room.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-010, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (King - APN 324-010-70 - Partial
Taking)." Motion carried 4-0 with Councilmember Emery out of the room.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-011, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (Poway FTC 142 Limited Partnership -
APNs 324-070-03, 324-011-03 Partial Taking)." Motion carried 4-0 with
Councilmember Emery out of the room.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-012, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (Fisher Enterprises - APN 324-011-14
- Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-013, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (Sanrex Co., Ltd. - APNs 323-080-03,
323-080-04, 323-110-59 - Partial Takings)." Motion carried 4-0 with
Councilmember Emery out of the room.
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Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-014, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (Point Loma Nazarene
College/Salisbury - APN 323-110-28 - Partial Taking)." Motion carried 4-0 with
Councilmember Emery out of the room.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-015, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (Pallas Sprague - APN 323-100-05 -
Partial Taking)." Motion carried 4-0 with Councilmember Emery out of the room.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt Resolution
No. 94-016, entitled, "A Resolution of the City of Poway Finding and Determining
the Necessity that Certain Real Property be Acquired under Eminent Domain
Proceedings; Directing the City Attorney to Commence a Court Action for Said
Purpose: Scripps Poway Parkway Improvements, (Tech Business Center - APNs 323-
090-65, 323-091-03 - Partial Taking)." Motion carried 4-0 with Councilmember
Emery out of the room.
(Councilmember Emery re-entered the meeting.)
ITEM 13 (203-08)
CONDITIONAL USE PERMIT 95-03
ARBOLITOS MINIPARK
APPLICANT: CITY OF POWAY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Arbolitos Minipark is the second mini-park to be considered by the
City Council since the adoption of mini-park design standards in 1993. The
proposed park site is approximately one acre and located in the northeast corner
of the open space Arbolitos Park.
Councilmember Cafagna asked how it will be accessed for maintenance. Director
of Community Services Thomas stated there will be curb cut on Ted Williams
Parkway and a pathway.
Speaking in opposition to staff recommendation:
Kevin Byrnes, 14375 Crestwood
Mike Matthias, 14442 Crestwood
Speakers suggested that the funds be used to improve the recreational facilities
at Abraxas High School rather than build this park. More people would benefit.
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Speaking in favor of staff recommendation:
Greg Chick, 12512 Glen Oak
Ernest Piper, 14410 Crestwood
Merrilee Boyack, 14418 Crestwood
Larry Hinman, 14374 Crestwood
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing. Motion carried unanimously.
Motion by Councilmember Callery, seconded by Councilmember Emery to adopt
Planning Resolution No. P-95-15, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Conditional Use Permit 95-03, Assessor's
Parcel Number 314-040-24," Motion carried unanimously.
ITEM 14 (205-04)
1994-95 MID-YEAR BUDGET
Staff report by City Manager Bowersox. He commended staff for holding the line
on expenditures. It is anticipated we will end the year $400,000 ahead of
budget.
Jerry Hargarten, 13622 Orchard Gate Road, made some observations regarding areas
where the net cost of various departments are higher or lower.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
ResOlution No. 95-017, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Midyear Budget Adjustments for Fiscal Year 1994-
1995." Motion carried unanimously.
ITEM 14.1 (203-02)
OLD COACH GOLF ESTATES/TPM 92-04
RESPONSE TO PUBLIC ORAL COMMUNICATIONS
Staff report by Director of Engineering Services Weston. On February 28, 1995,
a representative of the Green Valley Civic Association spoke under Public Oral
Communications and submitted two letters concerning Old Coach Golf Estates, one
from Charles Larrick. They raised issues regarding the City Council's approval
of a revision to the matrix for implementation of conditions of approval for
Parcel 1, as well as staff approval of a Boundary Adjustment affecting Parcel 1
and the remainder. Staff has responded to the concerns regarding relocation of
two golf holes, number of residential lots, and staff's approval of the boundary
adjustment.
Director of Planning Services Wright-Quastler stated the boundary adjustment will
facilitate the Development Review and golf course Conditional Use Permit that
will be coming to Council for approval in the future.
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Councilmember Emery and Councilmember Cafagna expressed concern regarding staff's
approval of this particular boundary adjustment since it will be followed by a
discretionary action by the City Council.
Charles Larrick, 16163 Espola Road, stated his property shares a boundary with
the remainder parcel and he requested that the matrix be modified to include this
parcel under category A.
Jim Seifert, 16344 Martincoit Road, representing the Green Valley Civic
association, asked if the DR and CUP will be brought to the City Council
concurrently. Director of Planning Services Wright-Quastler stated that is
staff's intention.
Council concurred to receive and file the report.
ITEM 22 (203-08)
DENYING CONDITIONAL USE PERMIT 94-17
APPLICANT: RIC AND BARBARA DUDECK
Mayor Higginson stated this item was pulled from the Consent Calendar by
Councilmember Rexford and the public.
Councilmember Rexford asked what happens if this goes back to a rental unit.
City Attorney Eckis stated it is a matter of enforcement. A second unit cannot
exist without a conditional use permit.
Ed Muscat, 12865 Luiseno Drive, asked how enforcement will be done. He also
requested return of his $100 appeal fee. Staff will respond to him.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt
Planning Resolution No. P-95-16, entitled, "A Resolution of the City Council of
the City of Poway, California, Rescinding Resolution P-95-02, Denying Conditional
Use Permit 94-17 and Variance 94-10, Assessor's Parcel Number 275-400-03."
Motion carried unanimously.
CITY MANAGER ITEMS
City Manager Bowersox stated the sound test for the amphitheater will be held
tomorrow night from 7-10 p.m. It has been cancelled twice because of rain.
CITY ATTORNEY ITEM
City Attorney Eckis requested a closed session pursuant to Government Code
§54956.9(a) to discuss existing litigation, City of Poway v. Parkway Business
Centre Partners, Ltd.
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MAYOR AND CITY-COUNCIL INITIATED ITEMS
28.
Councilmember Rexford stated she was concerned about the appearance of
Councilmembers meeting with applicants privately even when it is in
compliance with the Brown Act. She suggested it would be appropriate to
have direction from the Council to hold such meetings.
City Attorney Eckis stated he has prepared a memo for the City Council in
the past regarding applicant contacts in the context of the Brown Act,
prior to Councilmember Rexford being on the Council and he will distribute
that again, however it does not do what she is requesting.
Councilmember Emery stated the individual Councilmembers need to keep the
rest of the Council informed and would appreciate a more formal policy.
City Attorney Eckis will prepare a policy for the Council to review.
29.
Mayor Higginson announced Paul Lindsay-Dial as Councilmember Rexford's
appointment to the Library Advisory Committee.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 9:20 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:55 p.m. and adjourned on
motion by Councilmember Emery, seconded by Councilmember Callery.
Marjodie\K. Wahlsten, City Clerk
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