CC 1995 09-05 CITY OF POgAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 5, 1995
The September 5, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 p.m. by Mayor Higginson at the Poway Community
Center, 13094 Bowron Road, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Betty Rexford, Don Higginson
COUNCILMEHBERS ABSENT AT ROLL CALL
Susan Callery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Warren Shafer
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Steve Blackwood
Steve Streeter
Marijo Van Dyke
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Redevelopment Service
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Sheriff's Lieutenant
Principal Planner
Associate Planner
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Emery 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:
Bill Barnick, 14645 Sunrise Canyon Road, suggested the current City Hall
be converted into a Sheriff's substation and a new City Hall be added to the
library site along with a Palomar College campus.
Peggy Collette, 13969 Bernadotte Lane, stated the Registrar's Office told
her the Escondido Times-Advocate and San Dieqo Union-Tribune are adjudicated of
general circulation and asked if she can publish legal notices in one of those
papers rather than the Poway News-Chieftain. City Attorney Eckis stated the City
is required to use the C_hieftain, but he would meet with her to determine what
type of notice she is referring to.
5613
Page 2 - CITY OF POWAY - September 5, 1995
Gil Olson, 13409 Midland Road, reminded the City Council that the meeting
regarding the amphitheater is next week and stated the "silent majority" is not
silent nor a majority.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
16.
Ratification of Warrant Registers for periods of August 7-11, August 14-
18, 1995. (401-10)
17.
Approval of City's Investment Report for period ending July 31, 1995.
(408-01)
18.
Approval of Grigsby, Brandford as underwriter for the issuance of 1995
water revenue bonds for Water Treatment Plant improvement financing.
(1601-02)
19. Denial of claim - Lupe Van Roy.
(704-13)
20.
Designation of Mayor as voting delegate for League of California Cities
Annual Conference, October 22-24, 1995. {1503-22}
21.
Approval of first amendment to agreement between the City of Poway and the
County of San Diego for Management and Implementation of CDBG funded
housing rehabilitation program to enable the County to reimburse the City
an additional total of $154,250. (602-01 #979)
22.
Acceptance of final report from Darnell & Associates for traffic signal
timing project funded by Congestion Management and Air Quality grant.
(602-01 #1039)
23.
Adoption of Resolution No. P-95-50, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
95-57," for all the Poway Days events, September 16 through October 1,
1995. (203-07)
24.
Adoption of Resolution No. P-95-51, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
95-59," Rancho Cycling Club, applicant, for a bicycle race to be held in
the South Poway Business Park on September 10, 1995. (203-07)
24.1
Approval of the following positions on pending legislation: support AB 700
which would add paragliding and mountain biking to the definition of
hazardous recreational activities for which local governments receive
limited liability protection; and oppose AB 94XX which will require cities
to help fund Local Agency Formation Commissions. (701-11)
5614
Page 3 - CITY OF POWAY - September 5, 1995
Motion carried 4-0 with Councilmember Callery absent.
ITEM 4 (704-10)
PUBLIC NUISANCE/13136 RIDGEDALE DRIVE
City Manager Bowersox stated that most of the materials have been removed from
the yard at 13136 Ridgedale Drive and the property owner has committed to
completing the cleanup. He recommended that this item be removed from the
calendar.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to remove the
item from the calendar. Motion carried 4-0 with Councilmember Callery absent.
ITEM 5 (701-04)
ORDINANCE NO. 451/SECOND READING
SPEED LIMITS ON TIERRA BONITA ROAD
Mayor Higginson read the title of Ordinance No. 451, "An Ordinance of the City
of Poway, California, amending Section 10.32.209 and Section 10.32.020 of the
Poway Municipal Code Reducing Speed Limits on Tierra Bonita Road from Twin Peaks
Road to Belvedere Drive," to 35 MPH. He stated he had been absent from the first
reading and would abstain from voting on this item.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to waive further
reading, close the public hearing and adopt Ordinance No. 451. Motion carried
3-0 with Councilmember Callery absent and Mayor Higginson abstaining on a roll
call vote.
ITEM 6 (701-04)
ORDINANCE NO. 452/FIRST READING
FLOOR AREA RATIO IN RS-7 ZONE
Mayor Higginson read the title of Ordinance No. 452, "an Ordinance of the City
of Poway, California, Amending Section 17.08.180 of the Poway Municipal Code to
Establish a Floor Area Ratio for the Residential Single Family (RS-7) Zone, ZOA
95-02." City Manager Bowersox stated that staff needs to do some more research
on this item and recommended continuance to October 10, 1995.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue the
first reading of Ordinance No. 452 to October 10, 1995. Motion carried 4-0 with
Councilmember Callery absent.
5615
Page 4 - CITY OF POWAY - September 5, 1995
ITEM 7 (405-00)
INDUSTRIAL DEVELOPMENT BOND AUTHORITY
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Redevelopment Services Sharer. Industrial
Development Revenue Bonds are incentives available under a program authorized by
Federal and State tax laws which provide preferential financing terms for
industrial manufacturing projects that meet certain qualifying tests. The
primary goal is to enable manufacturers to purchase land, buildings and capital
equipment. The interest rate is often two percent below normal borrowing costs
and a project may be financed for a long term. There are 175 cities and counties
in California that presently have the authority to issue IDBs and if we are to
stay competitive, we need all the tools available. Staff recommends Council take
action to create the legal authority for the City to offer IDBs.
In response to Council query, Director Sharer stated the City acts as a conduit
for the financing, and has no responsibility in case of a default.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. 95-101, entitled, "A Resolution of the
City of Poway, California Approving, Authorizing and Directing Execution of an
Amended and Restated Joint Exercise of Powers Agreement." Motion carried 4-0
with Councilmember Callery absent.
Mayor Higginson read the title of Ordinance No. 453, "An Ordinance of the City
of Poway, California, Declaring a Need for the Industrial Development Authority
of the City of Poway." Motion by Councilmember Emery, seconded by Councilmember
Cafagna to waive further reading and set second reading for September 19, 1995.
Motion carried 4-0 with Councilmember Callery absent.
ITEM 8 (701-04)
ORDINANCE NO. 449/SECOND READING
ITEM 9 (701-04)
ORDINANCE NO. 450/SECOND READING
City Attorney Eckis stated these two items will be trailed until after Item 15.1.
ITEM 10 (705-13)
HIGH VALLEY ROAD DESIGN
Staff report by City Manager Bowersox. On August 1, 1995, Elvira Walker spoke
regarding her concerns about the proposed improvements to High Valley Road.
Staff has assured Mrs. Walker that the options will be discussed with her before
the City Council takes final action. Staff recommends this report be received
and filed.
5616
Page 5 - CITY OF POWAY - September 5, 1995
Speaking in opposition to staff recommendation:
Elvira Walker, 14830 High Valley Road, stated she is still concerned and
does not feel the impacts on the residents were considered in the design.
Council concurred to receive and file the report and directed staff to continue
to be in contact with Mrs. Walker.
ITEM 11 (1601-10R)
POINSETTIA SENIOR MOBILE HOME PARK
Staff report by City Manager Bowersox. At the August 3, 1995 City Council
workshop, Councilmember Emery asked about filling the vacant spaces at Poinsettia
Senior Mobile Home Park with City-owned rental coaches. This concept was
discussed at several Housing Commission meetings, however, they did not make a
recommendation to the City Council. This park has always been an owner-occupied
park and some residents have expressed serious concern about changing to rental
units. Staff recommends, and City Council concurred, that the report be received
and filed.
ITEM 12 (1180-05)
COMMUNITY CONTRIBUTION REQUEST
OLDER ADULT SERVICES/PUSD
Staff report by City Manager Bowersox. The City has received a request from the
Poway Unified School District's Older Adult Services and Information Systems
Coordinator requesting a donation of $700 to fund a one-time training program and
supplies for the OASIS program. Staff recommends approval.
Speaking in favor of staff recommendation:
Phyllis Comer, 16523 Roca, San Diego
Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve a
$700 community contribution to fund supplies and volunteer training for the OASIS
program. Motion carried 4-0 with Councilmember Callery absent.
ITEM 14 (701-09)
LIBRARY ADVISORY COMMITTEE
REQUEST FOR ADDITIONAL HOURS
Staff report by City Manager Bowersox. The Library Advisory Committee has
requested that the City fund an additional 10 hours a week of operation at the
Poway Library from the $100,000 placed in the 1995-96 budget as start up costs
for the new library. San Diego County library staff has estimated the cost at
approximately $26,000 a year. Poway Library is currently open more hours than
5617
Page 6 - CITY OF POWA¥ - September 5, 1995
other libraries in San Diego. Staff recommends this request not be approved as
the funding will be needed for increased operational costs of the new library.
Speaking in opposition to staff recommendation:
Kathy Shawl, 13239 Ann-O-Reno Lane, member of the Library Advisory
Committee
Bill Barnick, 14645 Sunrise Canyon
Alison Farrin, 15134 Oak Canyon
Jay Goldby, 13244 Aubrey
Joye Davisson, 13733 Celestial Road, Library Advisory Committee Chair and
President of the Friends of the Library
Speakers stated that since the new library will not be open for three years, the
money is available and, patrons will be lost to surrounding new branch libraries
in the City of San Diego if we can't offer more services.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Library Advisory Committee's request for an additional ten hours of operation per
week at the Poway Library and directed staff to keep track of the usage by hour.
Motion carried 4-0 with Councilmember Callery absent.
ITEM 15 (203-10)
MINOR DEVELOPMENT REVIEW 95-31
IGLESIA NI CRISTO MINI-PARK
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. On August 1, 1995 the City Council approved Minor
Development Review 95-31 for Iglesia ni Cristo Church for construction of a
neighborhood mini park. On August 22, several neighbors requested that the City
Council reconsider the approval of the park, raising objections concerning
possible noise and security problems. Council requested staff bring alternatives
for additional public input. Staff held a neighborhood meeting and has 3
alternative locations to suggest, however they recommend the original site
approved as the best location. An 8 foot "woodcrete" fence could be substituted
for the 6 foot block wall, along with some "unfriendly" plantings that would
discourage anyone trying to climb the walls into the neighbors' yard.
Speaking in opposition:
Jay Kawamoto, 12706 Robison Blvd., stated he does not want a park in his
backyard
Diane Kawamoto, 12706 Robison Blvd., stated they are already impacted by
two busy streets and apartments and questioned the neighborhood committee
process.
Frances Kawamoto, 12706 Robison Blvd.
Cathy Francis, 12724 Robison Blvd., stated the Committee process was not
open to the whole neighborhood
5618
Page 7 - CITY OF POWAY - September 5, 1995
Cris Kruse, 13734 Utopia, read from the original tract map approval and
stated the whole site is open space and none of it should be vacated.
Mark Hawkins, 13352 Silver Lake Drive
Richard Ludwig, 12720 Metate Lane
Larry Cruse, 13734 Utopia
Curtis Johnson, 13006 Via del Toro, stated he prefers compromise Plan 1
which moved the park away from his mother's home.
Speaking in favor of the park in its original site:
Roy Justice, 8764 Grass Valley Lane, Santee, member of the church and
neighborhood committee
Teresa Bertino, 13340 Silver Lake Drive
Jeff Bertino, 13340 Silver Lake Drive
William Dunbar, 12627 Orohaven Lane
Alice Arnold, 12745 Elmpark Lane
Ben Dela Paz, 13416 Utopia Road, pastor of the church
Glenn Groth, 687 Riviera Court, Vista, architect for the church
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
park in the original location with the 8 foot wall, and directed staff to look
at traffic improvements in the area. Motion carried 4-0 with Councilmember
Callery absent.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:10 p.m. and called it back to order at
9:20 p.m. with all Councilmembers present except Councilmember Callery who was
absent from the meeting and Councilmember Rexford who was out of the room.
ITEM 15.2 (203-11)
CHAMBER OF COMMERCE'S "SHOP POWAY"
Staff report by City Manager Bowersox. The City Council approved a $23,285
budget for Visitor Enhancement Program for 1995-96 to be administered through the
Chamber of Commerce. They have a "Shop Poway" program designed including a
banner to be hung from light poles. They are requesting City crews hang the
banners.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to authorize
City crews to install the brackets and banners for the "Shop Poway" program.
Motion carried 3-0 with Councilmember Callery absent and Councilmember Rexford
out of the room.
(Councilmember Rexford re-entered the meeting.)
5619
Page 8 - CITY OF POWAY - September 5, 1995
ITEM 15.1 (203-11)
REQUEST FOR REHEARING
SUBAREA HABITAT CONSERVATION PLAN
Mayor Higginson stated, on recommendation of the City Attorney, he would conduct
the meeting but abstain from discussion or voting on this item and Items 8 and
g since he had been absent from the hearing on August 15, 1995.
Staff report by City Manager Bowersox. On August 15, 1995 the City Council
adopted the Poway Subarea Habitat Conservation Plan/Natural Community
Conservation Plan, a General Plan Amendment incorporating the Subarea Plan into
the General Plan by reference, a resolution authorizing the Mayor to sign the
implementing agreement, and gave first reading to two ordinances which
incorporate reference to the Subarea Plan into the Zoning and Grading Ordinances.
Two requests for rehearing have been filed, one by Citizens for Private Property
Rights and the other by Ed Malone. Staff recommends the City Council deny the
requests since no new information is provided in those requests.
Speaking in opposition to staff recommendation:
Vicki McMinn, 18525 Deer Valley Estates
Ed Malone, 17150 Old Coach Road
Jack Gibson, P.O. Box 441, Santa Ysabel
John Pavin, 13319 Stone Canyon Road
Arthur Schmitz, 21141Sutherland Dam Road, Ramona
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve staff
recommendation and deny the request for rehearing. Motion carried 3-0 with
Councilmember Callery absent and Mayor Higginson abstaining.
ITEM 8 (701-04)
ORDINANCE NO. 44g/SECOND READING
AMENDING GRADING ORDINANCE
Mayor Higginson 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."
Staff report by City Manager Bowersox.
incorporating the provisions of the
Ordinance. Staff recommends approval.
This is second reading of the Ordinance
Subarea Habitat Plan into the Grading
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane, stated this will prohibit any new
horse stables in Poway.
5620
Page 9 - CITY OF POWAY - September 5, 1995
Jack Gibson, P.O. Box 441, Santa Ysabel
Arthur Schmitz, 21141Sutherland Dam Road, Ramona
John Pavin, 13319 Stone Canyon Road
Zip Lucidi, 13260 Glen Circle
Joe Diaz, 12820 Montauk
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, waive further reading, and adopt Ordinance No. 449. Motion
carried 3-0, with Councilmember Callery absent and Mayor Higginson abstaining,
on a roll call vote.
ITEM 9 (701-04)
ORDINANCE NO. 450/SECOND READING
AMENDING ZONING ORDINANCE
Mayor Higginson 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 Amendment ZOA 95-01)."
Staff report by City Manager Bowersox. This is second reading of the Ordinance
incorporating the provisions of the Subarea Habitat Plan into the Zoning
Ordinance. Staff recommends approval.
Speaking in opposition to staff recommendation:
Arthur Schmitz, 21141Sutherland Dam Rod
John Pavin, 13319 Stone Canyon Road
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing, waive further reading, and adopt Ordinance No. 450. Motion
carried 3-0, with Councilmember Callery absent and Mayor Higginson abstaining,
on a roll call vote.
CITY ATTORNEY ITEMS
26. City Attorney Eckis requested the City Council hold 2 closed sessions:
Conference with Legal Counsel - Existing Litigation -- §54956.9(a)
Smith v. All Persons. San Diego Superior Court Case No. 667691
Conference with Labor Negotiator (§54957.6)
Agency Negotiator: James Bowersox
Employee Organization: Poway Firefighters Association
City Attorney Eckis announced he had joined the City in an amicus brief
for the City of Agoura Hills where a plaintiff is alleging the election
official should exercise discretion in relation to recall petitioners.
The defendants stated that strict compliance should be used.
5621
Page 10 - CITY OF POWAY - September 5, 1995
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 10:25 p.m.
CALL TO ORDER AND ANNOUNCEHENT OF ACTION
Mayor Higginson called the meeting back to order at 11:15 p.m. and announced the
City Council had approved a six year memorandum of understanding with the Poway
Firefighters Association and this item will be on the September 12, 1995 agenda
for confirmation.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 11:18 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
Marjo~'ie~K. Wahlsten, City Clerk
City b~P~way
5622