CC 1995 11-07 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 7, 1995
The November 7, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Susan Callery, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna, Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Steve Streeter
Alan Fulmer
Patrick Foley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Principal Planner
Sheriff's Captain
Principal Management Analyst
PLEDGE OF ALLEGIANCE
Boy Scout Troop 644 led the Pledge of Allegiance.
EMPLOYEE SERVICE AWARDS
Mayor Higginson presented a twenty-five year service award to Dan Harrison,
Public Services Department.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications.
following persons were present wishing to speak:
The
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Lorri Moore, 13807 Powers Road, asked about the status of the appeal of
FEMA's mapping of Pomerado Creek as a floodplain. Director of Engineering
Services Weston stated the Nolte report is due soon and staff will schedule a
workshop meeting to review with the City Council and the Pomerado Road residents.
Mary Brown, 13612 Powers Road, asked if Pomerado Creek had ever carried a
100 year flood.
Kenneth Ford, 13502 Powers Road, stated he has information about Pomerado
Creek and asked for a copy of the Nolte report when it is available.
Gall Trunnel, 13314 Neddick Avenue, thanked Director of Engineering
Services Weston for meeting with the Garden Road residents recently to explain
the construction schedule for South Poway Parkway East Extension.
Vicki Campbell, Assemblyman Goldsmith's staff, gave a legislative update.
CONSENT CALENDAR
Councilmember Callery pulled Item 9.1 from the Consent Calendar. Motion by
Councilmember Callery, seconded by Councilmember Rexford to approve the Consent
Calendar as follows:
Ratification of Warrant Register for period of October 16-20, 1995
(401-10)
Adoption of Resolution No. 95-119, eneitled, "A Resolution of the City
Council of the City of Poway Determining Certain Public Improvements to be
of Benefit to the Paguay Redevelopment Project"; approval of an amendment
to agreement with the County of San Diego for the Management and
Implementation of a 20th-year Community Development Block Grant Project;
completion of the Public Street Access Ramp Project. (602-01 #979)
Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 5 (203-24)
MINOR CONDITIONAL USE PERMIT 95-06
APPLICANT: POWAY PERFORMING ARTS COMPANY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to operate a playhouse in a second story tenant
space located within the Lively Center at 13250 Poway Road. Staff recommends
approval.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-95-60, entitled, "A Resolution
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of the City Council of the City of Poway, California Approving Minor Conditional
Use Permit 95-06, Assessor's Parcel Number 317-101-42." Motion carried 3-0 with
Councilmembers Cafagna and Emery absent.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 83-01
IGLESIA NI CRISTO/STATUS REPORT
City Manager Bowersox noted that this meeting is not to review a proposed new
building nor revoke the existing Conditional Use Permit. It is to review the
church's progress towards meeting the interim conditions that were adopted in
July this year to respond to the desires of the surrounding neighborhood
regarding conduct of the church operations.
Director of Planning Services Wright-Quastler reviewed the conditions and status
as of today. She stated the wall is completd and the cleanup is substantially
complete. No other progress has been made. Staff recommends the City Council
receive and file this report.
Speaking in favor of staff recommendtion:
Roy Justice, 8764 Grass Valley Lane, Santee, a member of the church
Speaking in opposition to staff recommendation:
Terri Parkllan, 12732 Papago Drive, asked if the paperwork has been
completed deeding the pathway to the neighboring property owners. She stated
dirt had been dumped over the wall into her yard as part of the clean-up.
Alice Spedale, 12603 Orohaven
Kathrine Francis, 12724 Robison Blvd, stated the City should never have
granted the original Conditional Use Permit to the church.
Larry Cruse, 13734 Utopia, stated the church is not a community-minded
congregation.
Chris Cruse, 13734 Utopia, stated according to the original subdivision,
this lot is only to be used for recreation.
Jay Kawamoto, 12706 Robison Blvd.
Diane Kawamoto, 12706 Robison Blvd.
Raymond Welton, 2820 Cedar Road, Oceanside, representing the fence
contractor, stated the dirt over the wall is backfill and will be filled in.
Councilmember Rexford requested staff address all the concerns brought up by the
neighbors and report back in four weeks regarding consideration of revocation of
the CUP.
City Attorney Eckis stated he has written a memo to the Assistant City Manager
regarding the open space easement and it is public record.
Mayor Higginson noted that page 6 of the report refers to consideration of
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modification or revocation of the use permit if conditions of approval are not
met and suggested a public hearing. City Attorney Eckis stated his view
continues to be that alleged illegality of a use other than recreation on this
property is not grounds to revoke a CUP, but only facts as to the degree of
compliance with the Conditional Use Permit.
Council concurred that December 19, 1995 could be a date for such a hearing.
City Attorney Eckis stated he had met with Mrs. Kawamoto and Mrs. Cruse yesterday
and they gave him a copy of a Declaration of Restrictions which is a private
document between the developer and the property owners that bought lots in the
development. It gives no powers to the County or the City and does not limit the
County or the City. The amendment recorded in 1971 suggests that the private
property owners have a restrictive covenant on Lot 100. These private property
rights would have to be reviewed with their attorney. He referred to a memo he
has written on this subject that is a public document.
ITEM 7 (1208-01)
PACIFIC BELL'S FIBER OPTIC NETWORK
Staff report by City Manager Bowersox. Pacific Bell intends to install a fiber
optic network upgrade within the City in public right-of-way. Before issuing the
requested permits, they must comply with the Minor Development Review application
process for the placement of 35 node utility boxes in the southern part of the
City. Each node serves approximatley 500 living units. The cabinet is 5 feet
high by 2 feet deep and 6 feet wide and includes a natural gas power generator.
Due to the size of the cabinets and the potential noise an extensive public
awareness process will be conducted.
In addition, the cities of Poway, Del Mar, and Solana Beach have been working
with William Marticorena to prepare a Video Dialtone Authorization Agreement with
Pacific Bell.
Councilmember Rexford asked if property owners have given permission for the
cabinets on their property. David Bernal, Engineering Manager for Pacific Bell
stated that none of the cabinets are on private property and very few are
adjacent to private homes, but they are talking to affected property owners
regarding location of the cabinets. The generators are tested twice a month but
are designed to come on if commercial power goes off and stays off past the one
hour back-up battery supply. Councilmember Rexford also asked about the natural
gas supply and Mr. Bernal stated they have emergency shut-off valves.
Fred Day, 13929 Olive Mesa Court, Executive Director of the Chamber of Commerce,
stated he supports this project.
Council concurred to receive and file the report.
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ITEM 7.1 (1180-05)
STREET FAIR/BIRTHDAY BASH
Staff report by City Manager Bowersox. On October 31, 1995, the Chamber of
Commerce requested City assistance to hold a 15th birthday party for the City in
conjunction with the Holiday Street Fair on the Western Lumber site. In the
interim and in meeting with City staff, they have determined the location should
remain on Midland Road in Old Poway, however their request for $2,000 stands.
Motion by Mayor Higginson, seconded by Councilmember Callery to appropriate
$2,000 from the unappropriated General Fund. Councilmember Callery requested the
Chamber try to pay the City back from their fund raising at the Street Fair.
Council concurred and motion carried 3-0 with Councilmembers Cafagna and Emery
absent.
Vicki Lazowski-Goway representing the Chamber of Commerce stated she cannot
guarantee reimbursement but stated she will try and thanked the City Council for
their support.
ITEM 9.1 (1501-00)
REAFFIRMING SUPPORT FOR
MILITARY PRESENCE IN THE REGION
City Manager Bowersox reported on the issues he had been asked to address at the
October 31, 1995 meeting. The City's lobbyist is available to work on this item
if the Council so desires. City Manager met with Congressman Cunningham's
representative and learned that BRAC has given the Marines the ability to make
a choice of Miramar or March Air Force Base with the proviso that they do it
within their budget. The Marines cannot afford to be at two bases. San Diego
Councilwoman Warden's Office stated that the City is letting the Draft EIS
process play out and take a positive outreach approach.
Councilmember Callery requested that the proposed Resolution be amended in
paragraph five.
Mayor Higginson stated that at SANDAG last week, most of the cities are in favor
of having the Marines here because of the boost to the economy. It would not be
a good use of funds to use our lobbyist to try and oppose the helicopters.
Councilmember Rexford requested a meeting with Congressman Cunningham, the City
of San Diego representatives, and the military to discuss the noise impacts.
City Manager Bowersox suggested that would be appropriate after the sound test.
Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution
No. 95-120, entitled, "A Resolution of the City Council of the City of Poway,
Calfiornia Reaffirming the Strong Support by the City of Poway for the Continued
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Presence of the U.S. Military in the San Diego Region," amended in the fifth
paragraph to be consistent with the title. Motion carried 3-0 with
Councilmembers Cafagna and Emery absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
13A.
Councilmember Callery stated she would like to have the South Poway
Specific Plan amended to make truck terminals a conditional rather than
permitted use. Motion by Councilmember Callery, seconded by Councilmember
Rexford to authorize staff to prepare the initiation of Specific Plan
Amendment. Motion carried 3-0 with Councilmembers Cafagna and Emery
absent.
13B.
Councilmember Callery stated she and Councilmember Rexford went to a
seminar at the League of California Cities Conference regarding improving
communication with the citizens and suggests a project review plan for
South Poway Business Park projects could be helpful.
Mayor Higginson suggested this be brought back when the entire City
Council is present since this is something we have not done before. City
Attorney Eckis suggested the Councilmembers think about whether they would
want such a group to be subject to Brown Act and FPPC filings since this
would make a difference on how they are structured.
Council directed staff to place this on the agenda for November 14, 1995.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:35 p.m.
Marjori/e lC. Wahlsten, City Clerk
City o( Poway
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