CC 1995 05-09 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MAY 9, 1995
The May 9, 1995, 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, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
Jim Marmack
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PROCLAMATION
Ae
Mayor Higginson proclaimed May 14-20, 1995 as "Buddy Poppy Week" and
presented a proclamation to Paul Swanson, VFW Junior Vice Commander.
Mayor Higginson proclaimed May 14-20, 1995 as "Emergency Medical Services
Week" and presented a proclamation to Director of Safety Services Sanchez.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Richard Orvik, 12943 Creek Park Drive, stated he could not be present at
the May 16, 1995 public hearing regarding affordable housing and wished to
express his opposition to family housing on the Bowron site and requested
it be senior housing.
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CONSENT CALENDAR
Mayor Higginson stated that Item 11 was pulled from the Consent Calendar by the
public. Motion by Councilmember Callery, seconded by Councilmember Emery to
approve the Consent Calendar as follows:
8. Ratification of Warrant Register for period of April 17-21, 1995(401-10)
9. Denial of claim for damages: Margaret Finley.
(704-13)
10.
Adoption of Resolution No. 95-028 entitled, "A Resolution of the City
Council of the City of Poway, California, Requesting Grant Funds through
the Transit Development Act and Transet to Provide Sidewalk and Bike Lane
Improvements on Garden and Pomerado Roads, Additional Funding for Bike
Facilities on Scripps Poway Parkway, Bike Racks for New Parks and a
Bike/Pathway Linkage Study." {401-30)
11.1
Adoption of the following positions on pending legislation: oppose SB
1122 which would require any public entity to comply with a series of
requirements in adopting environmental regulations; support AB 1436 which
will provide reimbursement for first responder medical treatment; oppose
ACA 13 which requires a two-thirds vote for an agency to impose a special
tax and limits parcel taxes to those specifically authorized by the
Legislature; support SB 1X which is fiscal relief legislation for those
areas hard-hit by recent flooding; oppose SB 149 which allows cities
incorporated after January 1, 1987 to use the number of registered voters
times three for purposes of Vehicle License Fee allocation indefinitely,
which reduces revenues to other agencies; support SB 1225 which will allow
local governments to use and consider private financing and operation of
public facilities; oppose SB 238 which requires employers to provide
certain notice regarding financial risk to employees enrolling in a
deferred compensation plan; support SB 1167 which allocates growth in
property taxes back to the local agency that contributed the original tax
to the Educational Revenue Augmentation Fund; oppose AB 915 which would
exempt new property which is constructed or installed to meet
environmental regulations from property tax; oppose SB 610 which will
preempt local agencies' ability to regulate late fee charges by cable
companies; support SB 936 which allows cities to meet their housing
obligations in the most cost-effective manner; oppose AB 771 which would
extend the initial life of a tentative map from two years to five years;
oppose SB 657 which would exempt various properties from property tax;
support AB 1907 which would rescind the recently enacted requirement that
cities contract for CEQA consultants within 45 days from the decision that
an EIR is required; oppose AB 318 which would prohibit municipal water
and/or power agencies from contributing funds to its municipal general
fund; and support AB 349 which requires an operator of a pipeline used for
transportation of hazardous liquid substances to conform with specified
federal regulations. {701-11)
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11.2
Adoption of Resolution No. 95-029, entitled, "A Resolution of the City
Council of the City of Poway, California Requesting that the Regional
Water Quality Control Board Eliminate the Shredding Requirement imposed
upon the San Marcos Landfill." (1170-04)
11.3 Acceptance of Poway Royal Mobile Estates Electrical System Rehabilitation
from Mel Smith Electric, Inc. (5905) {602-01 #180R)
Motion carried unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 444/FIRST READING
REGULATING SALE OF TOBACCO PRODUCTS
Mayor Higginson read the title of Ordinance No. 444. "An Ordinance of the City
of Poway, California, adding Chapter 8.05 to Title 8 of the Poway Municipal Code
Relating to the Regulation of the Sale of Tobacco Products." City Manager
Bowersox noted this item was continued from April 4, 1995 at the request of the
Chamber of Commerce. Director of Planning Services Wright-Quastler stated that
in response to City Council query, there are 25 cities in California and other
cities in five other states that have this type of ordinance in effect.
Speaking in opposition to staff recommendation:
Teresa Clark, President of the Chamber of Commerce, stated they oppose the
ordinance as written and recommended the vending machine ban
be approved but the ban on self-service tobacco products not
be approved.
Yolanda Gilliland, 2358 Deheha, E1Cajon
Victoria Agustin, 13312 Community Road
Jeff Brown, 16235 Swartz Canyon, Ramona, manager of Albertson's
Marge Maguire, 17226 Merlot
Beth Beeman, California Grocers Association, stated responsible retailers
deserve a chance and cited the new state legislation {STAKE} that
will be in effect on July 1 that offers additional enforcement
tools; and presented a petition with 650 signatures in support of
the Chamber's position.
Speaking in favor of staff recommendation:
Debra Kelley, 2750 Fourth Avenue, American Lung Association, stated this
does not restrict sales to adults, but repositions the product to
provide a reasonable restriction for minors.
Bob Doyle, 3445 Lebon Drive, San Diego, Vice Chair of the Tobacco Control
Coalition, stated there are only 13 enforcement staff statewide for
the new Stop Tobacco Access to Kids Enforcement (STAKE) act.
David Goerlitz, 29 W. Factory Road, Berlin, New Jersey, stated he worked
for 7 years as "The Winston Man" and cited the tobacco companies
efforts to get young people to start smoking.
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Sharon Jahn, 12845 Iola Way, Tobacco Use Prevention Coordinator for
Poway Unified School District
Cindy Hicks, 13242 Lingre Avenue
Justin Taylor, 13357 Racquet Court
Marianne Wildey, 1903 39th Street, San Diego, Project TRUST
Dr. Charles Callery, 13065 Edina Way, stated cigarettes and chewing tobacco
are displayed next to children's videos and baseball cards in Wal-
Mart.
Mary Hritz, 16326 Avenida Florencia, teacher at Abraxas High School
Harry Silas with the County Department of Health stated there are currently 5
cities in San Diego that ban vending machines and three that restrict them to
adult areas only.
Mayor Higginson stated he applied his benefit versus burden scale and in his view
the benefit of providing a deterrent outweighs the burden to the businesses.
Councilmember Emery stated the heart of the issue is health and we are attempting
to build a wall between children and tobacco. Councilmember Cafagna stated he
feels education is at home and easy access does not cause someone to start
smoking. He stated this is an undue burden on the retailer. Councilmember
Rexford cited the recent birth of her granddaughter in voicing her support for
the ordinance. Councilmember Callery stated our goal is to prevent children from
obtaining cigarettes.
Motion by Councilmember Callery, seconded by Councilmember Rexford to waive
further reading and continue the public hearing to May 23, 1995 for second
reading. Motion carried unanimously.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:25 p.m. and called it back to order at
8:30 p.m. with all Councilmembers present.
ITEM 6 (203-24)
MINOR CONDITIONAL USE PERMIT 95-03
APPLICANTS: BRUCE AND CAROLYN CASSELL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a lighted tennis court at 13712 Paseo
Valle Alto in Green Valley Estates. Staff recommends approval.
Speaking in opposition to staff recommendation:
James Everett, 15614 Oakstand Road
Laura Marsh, 15622 E1Camino Entrada
Robert Conde, 13732 Paseo Valle Alto
City Attorney Eckis stated that during the public testimony, Councilmember
Cafagna pointed out to him where his residence is in relation to this project and
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it is approximately 600 feet away. Councilmember Cafagna must disqualify himself
if it will change the value of his property by $10,000 more. Councilmember
Cafagna stated he cannot see this property from his home and it will not have an
impact on his property values.
Speaking in opposition to staff recommendation:
Lyle Arnold, 15638 Boulder Mountain Road
Tim Marsh, 15822 E1Camino Entrada
Robert Hessler, 15497 Oakstand Court,
Community Protection Chairman.
Green Valley Civic Association
Speakers cited the fact that in the past 18 months 3 tennis courts have been
allowed to be lighted; the lights shine into neighbors' homes; the lights ruin
the rural ambience; the noise of people playing tennis is disturbing at night;
and landscaping requirements for other approved courts are not being enforced.
Speaking in favor of staff recommendation:
Bruce Cassell, 13710 Paseo Valle Alto
Councilmember Rexford stated she had visited the Marsh's home to view the subject
property and agrees lighting this court would not be appropriate.
Councilmember Callery and Mayor Higginson stated they cannot make the finding
that the project will not have an adverse aesthetic impact upon adjoining
properties.
Motion by Councilmember Emery, seconded by Councilmember Callery to deny staff
recommendation and direct staff to look at the whole issue of lighted tennis
courts in order to be consistent. Motion carried unanimously.
(Councilmember Emery left the room.)
ITEM 7 (704-10)
DECLARING PUBLIC NUISANCE
WHITE VALE LANE/LEE WHITE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This public hearing is being held to determine whether the roofing
materials that have been dumped on a vacant lot on White Vale Lane are a nuisance
and whether to order the abatement. The property owner, Mr. Lee White, has
stated that he wants the City to remove the nuisance and assess him via the tax
rolls.
Mayor Higginson asked if the cost of clean-up could be recouped by some other
means. City Attorney Eckis stated our ordinance requires this procedure.
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There was no one present wishing to speak.
Motion by Mayor Higginson. seconded by Councilmember Callery to close the public
hearing and adopt Resolution No. 95-030, entitled, "A Resolution Declaring the
Vacant Lot on White Vale Lane, APN 278-301-22, a Public Nuisance, Ordering the
Removal of all Roofing Material and Associated Debris." Motion carried 4-0 with
Councilmember Emery out of the room.
(Councilmember Emery re-entered the meeting.)
ITEM 7.1 (203-08)
REQUEST FOR REHEARING/CHABAD OF POWAY
APPLICANT: SUSAN MCNABB
Staff report by City Manager Bowersox. On May 2, lg95 the City Council continued
consideration of an application for rehearing of the approval of a religious
complex at Espola Road and Old Espola Road until all Councilmembers could be
present. On April 18, 1995 the City Council approved the project which included
a conditional use permit, a development review and a setback variance along
Espola Road. The variance request was omitted from the notice of public hearing.
Since that approval, the applicants have made a decision to eliminate the
underground parking lot and this change will require a rehearing of the
development review. Staff recommends the City Council rehear the variance and
development review only. The Chabad will hold an open house with the neighbors
to review their plans before it comes back to the City Council.
Speaking in favor of staff recommendation:
Lee Kovensky, 12779 Calma Court
Jim Murray, 16947 Old Espola Road
Sue McNabb, 16951 Old Espola Road
Debra Shelton, 17041 Coyote Court
David Hamann, 17033 Coyote Court
Rabbi Goldstein, 16934 Old Espola Road
Robert Kelly, 16955 Old Espola Road
Speakers stated the proposed building is too large for the site; the existing
project does not have enough off-street parking; and the landscaping requirements
are not being enforced on St. John's of Damascus which is east of this project.
Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution
No. P-95-25, entitled, "A Resolution of the City Council of the City of Poway,
California Rescinding Resolution No. P-95-19 and Approving Conditional Use Permit
86-08 Modification, Assessor's Parcel Number 273-820-15." Motion carried
unanimously. A neighborhood meeting will be held before the public hearing on
the variance and development review.
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ITEM 11 (701-10)
REPORT OF ADMINISTRATIVE ACTION
Mayor Higginson stated this item was pulled from the Consent Calendar by Ric
DuDeck. Mr. DuDeck appeared at the City Council meeting on April 18, 1995 to
complain about the second story addition being built by his neighbor and a letter
was sent from Planning Services which is reported on this Report of
Administrative Action.
Ric DuDeck, 12859 Luiseno, cited his dissatisfaction with staff's response and
that windows are being added, not decreased, in the second story addition.
Councilmember Cafagna asked what rights the neighbor has to build this addition.
Director of Planning Services Wright-Quastler stated that if an addition does not
exceed 750 square feet and meets the height limitations and setback requirements,
the building permit issuance is a ministerial action and done at the counter.
Council concurred to direct staff to look at making all second story additions
a minor development review. Mr. DuDeck will receive a copy of that report.
CITY ATTORNEY )TENS
City Attorney Eckis reported that the State Supreme Court has ruled in the case
of DaVida v. County of Napa that the electors have the right to change the
General Plan. The facts of this case were parallel with Proposition FF and the
City of Poway joined the amicus brief. He stated in the past the City Attorney
has joined amicus briefs when the facts of the case were consistent with existing
City Council policy. He is preparing a Resolution for Council review that would
specifically authorize the City Attorney to do this.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
16. Councilmember Emery requested an item be placed on the agenda to discuss
taking a position on the mobile home initiative.
18. Mayor Higginson announced that Larry Quate will serve as Chairman of the
Housing Commission for the next year.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
Marjorie~(. City C1 erk
Wahlsten,
City of POway
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