CC 1995 08-15 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 15, 1995
The August 15, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:06 p.m., by Deputy Mayor Callery at the Poway
Community Center, 13094 Bowron Road, Poway, California.
COUNCILHEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford
COUNCILMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Warren Shafer
Jim Nessel
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 Redevelopment Services
Senior Planner
PLEDGE OF ALLEGIANCE
Councilmember Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Callery explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Vicki Campbell, legislative aide to Assemblyman Goldsmith, gave a
legislative update.
Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Mobile
Estates, expressed concerns and asked some questions regarding the bond
restructuring for the Park. City Manager Bowersox stated staff will prepare the
information she needs.
Howard Stacklin, 13149 Tobiasson Road, stated the City Council needs to do
a better job protecting its citizens.
Gil Olson, 13409 Midland Road, referred to a quote by Councilmember Emery
in the Poway News Chieftain that the people opposing the trash franchise are all
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recall supporters. He stated his name is not on the recall petition. He also
asked how close the City is in meeting the 50% recycling goal. City Manager
Bowersox stated staff will report back.
Thomas Armstrong, 16474 Espola Road, stated he is being harassed by the
Sheriff's Department and read from a letter he had written to Congressman
Cunningham.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
Approval of Minutes - City Council
July 18, 1995, Regular Meeting
July 25, 1995, Canceled Meeting
10. Ratification of Warrant Register for period of July 24-28, 1995 (401-10)
11.
Adoption of Resolution No. 95-094, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing No Stopping,
Standing, or Parking Zones on Twin Peaks Road, Espola Road, and Silver
Lake Drive; a Time Restricted Loading Zone on a Segment of the North Side
of Twin Peaks Road; and Rescinding Resolutions Nos. 100, 243, 316, 317,
318, 84-034 and 89-002." {1163-01)
]2.
Adoption of Resolution No. P-95-42, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development
Review 95-22 {Hillside/Ridgeline), Assessor's Parcel Numbers 278-280-32,
33," Linda Snyder applicant, for additional grading on a residential lot
located at 14652 Sunset Mountain Way. (203-10)
13.
Adoption of Resolution No. P-95-43, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development
Review 91-67 (Hillside/Ridgeline), Assessor's Parcel Number 323-290-12 and
323-480-23," Anton Simson, applicant, for development of a 920 foot long
residential driveway which will be accessed from Gate Drive near the Calle
Seco intersection. {203-10}
14.
Adoption of Resolution No. P-95-44, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Comprehensive Sign
Program 77-02M, Assessor's Parcel Numbers 317-151-59 and 316-120-16," Imad
Habba and Clara Aris owners, William Primavera applicant, to modify the
sign program for the Oak Knoll Plaza commercial center located in the
12200 block of Poway Road. {203-15)
15.
Receive and file report regarding Pomerado Creek Federal Emergency
Management Agency {FEMA) Study review. {1501-10)
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17.
Approval of appropriation of $400 from Bette Bendixen Trust Fund for Lake
Poway Rest Stop Eagle Scout Candidate Project. (401-22)
18.
Award of bid for Budwin Lane/Buckskin Drainage Improvements to Western
Pacific Construction in the amount of $165,067. (5414/1419)
(602-01 #1098)
19.
Approval of the following positions on pending legislation: support SB31
which would enact several major reforms to California's civil justice
system. {701-11)
Motion carried 4-0 with Mayor Higginson absent.
ITEM 4 (704-10)
DECLARING A PUBLIC NUISANCE
13136 RIDGEDALE DRIVE
Staff report by Director of Planning Services Wright-Quastler. This item was
continued from August 1, 1995. The majority of junk has been hauled away and
staff recommends continuing this item to September 5, 1995 to continue to monitor
their progress.
Speaking in favor of staff recommendation:
Flint Webb, 12526 Robison Blvd.
Motion byCouncilmember Cafagna, seconded by Councilmember Emery to continue this
item to September 5, 1995.
Motion carried 4-0 with Mayor Higginson absent.
ITEM 5 (1201-02)
UNDERGROUND UTILITY DISTRICT 63
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. The City of Poway is planning to widen the northern half of Espola
Road. It is City policy to underground all utilities along major arterials.
Espola Road falls within this policy.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing, adopt Resolution No. 95-095, entitled, "A Resolution of the City
Council of the City of Poway, Establishing Underground Utility District No. 63
in the City of Poway on Espola Road between Cloudcroft Drive to 2,600 feet east
of Cloudcroft Drive," direct staff to assist the affected property owners in
coordinating their work with the project, and appropriate the necessary funds for
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the undergrounding of the overhead utility lines in fiscal year 1996-1997.
Motion carried 4-0 with Mayor Higginson absent.
ITEM 6 (203-11)
SUBAREA HABITAT CONSERVATION PLAN
NATURAL COMMUNITY CONSERVATION PLAN
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox and Director of Planning Services Wright-Quastler. In response to the
increasing number of listings under the Endangered Species Act, a group of
property owners in Southern California formed an organization known as the
Alliance for Habitat Conservation which proposed an approach to provide more
certainty for the development of property. This effort led to the adoption of
the Natural Communities Conservation Program {NCCP) legislation in California
which provides for a more coordinated and proactive approach to habitat planning.
Poway's Habitat Conservaton Plan was prepared under the NCCP and will fulfill the
planning side of the Endangered Species Act. In addition to preparation of the
plan, the City has already purchased or placed open space easements over 650
acres to be used for mitigation land. These two acts together will enable the
City to be issued a IOA master permit under the Endangered Species Act for the
construction of the South Poway Parkway extension and other capital improvements
projects for the next fifty years. The City has a letter from California
Department of Fish & Wildlife and U. S. Fish & Wildlife Service acknowledging
that they support this approach.
Private property owners may voluntarily choose to have their property included
and may also take advantage of this permit rather than seeking individual
authorization from federal and state agencies for development they propose on
property that contains habitat. Under the Endangered Species Act any project,
public or private, requires a Habitat Conservation Plan, as well as dedication
of mitigation land, in order to obtain permit for the removal of the habitat of
any threatened or endangered species.
Director of Planning Services Wright-Quastler noted that property owners still
have full subdivision potential the same as there is today; the same uses would
be allowed as today; there are no further federal or state permits required;
properties would have the option of mitigating on site for any habitat they
remove or if they have residual habitat they can sell it to others either in fee
or placing an easement over it. In exchange, clearance is limited to two acres.
If a property owner chooses not to use the City's permit, they still can develop
as they would today. She pointed out some mapping errors on the map prepared for
illustration at this meeting. They will be corrected before the final maps are
prepared.
Staff mailed three notices to 1,007 owners within the proposed Resource
Conservation Area and 1,377 owners within a 500 foot radius. They were notices
of the public review period, the July 6 public information meeting and this
public hearing.
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Speaking in opposition to staff recommendation:
Joel Fitzgerald, Kingman Road
Bill Cockerell, 15395 Running Deer Trail
Fred Schnaubelt, 12782 Jardin Road, San Diego, representing the California
Private Property Rights Initiative
Sheila Cockerell, 15395 Running Deer Trail
A1 Abolafia, 13158 Deelan Lane
Jack Gibson, P.O. Box 441, Santa Ysabel, representing the Citizens for
Private Property Rights
Terry Huff, 14545 Budwin Lane
Speaking in favor of staff recommendation:
Michael Beck, P.O. Box 841, Julian, representing the Endangered Habitat
League
Deanne Erickson, 15051Vali Hai
Karen Messer, 2399 Jefferson, Carlsbad, representing the North County
Audobon Society
Richard Barber, 17840 Azucar Way, San Diego
RECESS AND CALL TO ORDER
Deputy Mayor Callery recessed the meeting at 8:30 p.m. and called it back to
order at 8:40 p.m. with all Councilmembers present except Mayor Higginson.
Speaking in opposition to staff recommendation:
John Pavin, 13319 Stone Canyon
Louise Bernd, 2135 Robertson St., Ramona
Lisa Lucidi, 13260 Glen Circle
Zip Lucidi, 13260 Glen Circle
John Hilsabeck, 11611 Skyline, Santa Ana
Katrina Pavin, 13319 Stone Canyon
Patrick Chandler, 125 Albatross, E1Cajon
David Barto, 13514 MaryEarl Lane
Eric Anderson, 20253 Elfin Forest, Escondido, representing the Farm bureau
of San Diego
Randy Ginglardy, 1125 Presioca, Spring Valley
Deanna Miller, 2046 Crest, E1Cajon, reprensenting the Citizens for Private
Property Rights
Ward Soule, 1440 S. Orange, E1 Cajon, representing the Lively Trust
Craig Beam, Luce, Forward, Hamilton & Scripps, 600 W. Broadway, San Diego,
legal counsel to the Citizens for Private Property Rights
Doug Troxler, 13391 Birch Tree Lane
Speaking in favor of staff recommendation: E. A. Littlefield, 16608 Martincoit
Joyce Tavrow, 16429 Ramada Drive, San Diego
Ramona Salisbury Kiltz, 17318 Campillo, San Diego
Spencer Lake, 6225 Hobart Street, E1Cajon
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RECESS AND CALL TO ORDER
Deputy Mayor Callery recessed the meeting at 9:55 p.m. and called it back to
order at 10:15 p.m. with all Councilmembers present except Mayor Higginson.
Speaking in opposition to staff recommendation:
Freida Pallas Sprague, 1243 Moana, San Diego
Tom Bassett, 16052 Coyote Creek Trail
Mary Ann Altaffer, 15359 Blue Crystal Trail
Victor Machanis, Creek Road
Howard Stacklin, 13149 Tobiasson
Bernie Brandt, 2836 Cornelius, Lemon Grove
John Allen, 16611 Highland Valley Road, Ramona
John Elliott, Box 368, Descanso, representing the San Diego Off-Road
Coalition
Darrell Beck, 1183 Harper, Ramona
Craig Benedetto, 6336 Greenwich, San Diego, representing the Builidng
Industry Association
Philip Ewing, 23649 Old Wagon, Escondido
Adonis Bataller, 10729 Frank Daniels, San Diego
John Gibson, 1390 Ryan Ridge, E1Cajon
Ilias Zenkich, 17595 Rancho de la Angel, Ramona, representing the Citizens
for Private Property Rights
Ed Malone, 17150 Old Coach Road
Speaking in favor of staff recommendation:
Fay McQueen, 7277 Engineer Road, Julian
Mike Klarfeld, Old Coach Road
Cindy Burrascano, 771Lori, Chula Vista
Michael Meyers, 14998 Budwin Lane
RECESS AND CALL TO ORDER
Deputy Mayor Callery recessed the meeting at 11:40 p.m. and called it back to
order at 11:52 p.m. with all Councilmembers present except Mayor Higginson.
Speaking in opposition to staff recommendation:
Ed Malone, 17150 Old Coach Road
Joseph Diaz, 12820 Montauk
Thomas May, 600 W. Broadway, San Diego, representing the Pacific Legal
Foundation
Arthur Schmitz, 21141Sutherland Dam Road, Ramona
Diane Ewing, 23649 Old Wagon, Escondido
Josie Ackermann, 23456 Old Wagon, Escondido
Chris Lucidi, 13260 Glen Circle
Phil Molitor, 17202 Amarillo Road, Ramona
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Speakers in opposition cited private property rights and the inability to develop
their property as they wish; and lack of notification during the planning
process. They requested Council postpone action for sixty days because of the
confusion created when the plan was changed to be voluntary, and pointed out
additional errors in the map provided for illustration.
Speakers in favor cited the need to protect the environment and open space and
agreed with it being voluntary. They noted that getting your own IOA permit is
a cumbersome process and using the City's could be much easier.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing. Motion carried 4-0 with Mayor Higginson absent.
Councilmember Cafagna asked if this plan places greater restrictions on the
private property owner than the State and Federal agencies would place for
development. The public hearing was re-opened on motion by Councilmember Emery,
seconded by Councilmember Rexford and carried 4-0 in order to address those
questions to Ron Rempel, Endangered Species Program, California Department of
Fish & Game, 1416 9th Street, Sacramento. He stated that the Federal Endangered
Species Act prohibits the take of species, which has been interpreted by the
courts as the take of the habitat that could result in harm to the species. In
order to not be in violation of the Endangered Species Act, a Habitat
Conservation Plan has to be prepared in order to obtain a permit to develop. It
shows how impacts will be mitigated. The State has similar requirements for
permits. Deputy Mayor Callery asked about property owners that opt out of the
City's Plan and how they will be treated. He replied that individual
applications are looked at on their own merits.
Ed Malone asked where the two acre clearing came from. Director of Planning
Services Wright-Quastler explained why staff felt property owners needed
certainty on how much they could develop. Mr. Rempel noted that the State and
Federal does not have any minimum or maximum since each application is considered
individually.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing. Motion carried 4-0 with Mayor Higginson absent.
Councilmember Emery stated that the Endangered Species Act exists and we can't
act like it doesn't. The City has to comply with its requirements just like
private property owners. However, we need to do a good education program so
property owners can analyze whether it will be to their benefit to be included
in the City's Habitat Conservation Plan.
Councilmember Cafagna asked why we need a line on a map if the plan is voluntary.
Director of Planning Services Wright-Quastler stated if property is within the
red line, the loss of habitat can be mitigated on-site. If outside the red line,
it cannot. Councilmember Cafagna stated he would not be able to support this
plan if it were not voluntary, since he does not support the Endangered Species
Act. He concurred with the speaker who stated the real battle is in Washington
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and Sacramento with the legislators there. However this plan gives a property
owner another option when he develops his land and needs do to a Habitat
Conservation Plan and the property owner can analyze which approach is most
beneficial.
Councilmember Rexford stated she can agree with the City's Plan since it is a
voluntary measure for private property owners.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to issue a
Negative Declaration, adopt Resolution No. 95-096, entitled, "A Resolution of the
City Council of the City of Poway, California Approving General Plan Amendment,
GPA 95-02 and Rescinding Resolution No. 94-058 and Resolution P-90-89,"
Resolution No. 95-097, entitled, "A Resolution of the City Council of the City
of Poway, California Adopting The City of Poway Subarea Habitat Conservation Plan
and Authorizing the Mayor to Sign the Implementing Agreement/California
Endangered Species Act Memorandum of Understanding," as amended to add language
"All necessary clerical changes shall be made to the general plan to make its
text consistent with the terms of this resolution." Motion carried 4-0 with
Mayor Higginson absent.
Deputy Mayor Callery read the title of Ordinance No. 449, "An Ordinance of the
City of Poway, California Amending Title 16 {Land Use Regulations Code) of the
Poway Municipal Code Regarding Regulations and Permit for Grading, Clearing and
Grubbing."
Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive
further reading and set the second reading for September 5, 1995. Motion carried
4-0 with Mayor Higginson absent.
Deputy Mayor Callery read the title of Ordinance No. 450, "An Ordinance of the
City of Poway, California Amending Certain Sections of Title 17 (Zoning
Development Code) of the Poway Municipal Code, Zoning Ordinance Amending ZOA 95-
01."
Motion by Councilmember Emery, seconded by Councilmember Rexford, to waive
further reading and set the second reading for September 5, 1995. Motion carried
4-0 with Mayor Higginson absent.
Staff was directed to hold an educational meeting with property owners to explain
the impact on an individual basis.
RECESS AND CALL TO ORDER
Deputy Mayor Callery recessed the meeting at 1:10 a.m.and called it back to order
at 1:15 am. with all Councilmembers present except Mayor Higginson who was absent
from the meeting and Councilmember Emery who was out of the room.
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ITEM 7 (203-14)
DEVELOPMENT REVIEW 95-09
APPLICANT: ROGER MOHRHOFF
Staff report by City Manager Bowersox. This is a request to construct a 3,600
square foot retail shop building adjoining Outback Steakhouse, located on a
portion of Parcel 4 of Twin Peaks Plaza.
Motion by Councilmember Emery, seconded by Deputy Mayor Callery to adopt Planning
Resolution No. P-95-45, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Development Review 95-09, Assessor's Parcel Number
314-710-39." Motion carried 3-0 with Mayor Higginson absent and Councilmember
Emery out of the room.
ITEM 7.1 (602-01 #236R)
CONSTRUCTION MANAGEMENT CONTRACT
CITY LIBRARY AND SITE IMPROVEMENTS
Staff report by City Manager Bowersox. This item was continued from August 8,
1995 in order to answer some questions from the Councilmembers regarding the
selection process for a construction manager for the City library and site
improvements. Staff has prepared a report detailing the process.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford, to approve
the contract with Douglas E. Barnhart for the construction management. Motion
carried 3-0 with Mayor Higginson absent and Councilmember Emery out of the room.
(Councilmember Emery re-entered the meeting.)
ADJOURNHENT
Deputy Mayor Callery adjourned the meeting at 1:20 a.m. on August 16, 1995 on
motion by Councilmember Emery, seconded by Councilmember Rexford.
Marjorie K. Wahlsten, City Clerk
City of Poway
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