CC 1996 01-30 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR MEETING
JANUARY 30, 1996
The January 30, 1996, 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 City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMENBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MENBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
Steve Streeter
Mike Robinson
Alan Fulmer
Penny Riley
PLEDGE OF ALLEGIANCE
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
Director of Safety Services
Principal Planner
Traffic Engineer
Sheriff's Captain
Senior Management Analyst
Deputy Mayor Cafagna led the Pledge of Allegiance.
PRESENTATION
Kris Frahm, San Diego County Water Authority Director and Chairman of their Ad
Hoc Imported Water Committee, discussed the Memorandum of Understanding the Water
Authority has entered into with Imperial Irrigation District to purchase Colorado
River water. She noted that San Diego County imports 90% of their water and we
need a dependable supply. (1503-03)
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Gail Short, 1361g Tobiasson Road, spoke on behalf of the small movie
theater in Carriage Center for use by Poway Unified School District's ESS. The
City Council suggested she speak before the PUSD Board.
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Lorri Moore, 13807 Powers Road, asked if the staff is still on target to
meet the schedule to do the Pomerado Creek improvements. Director of Engineering
Services Weston stated they are.
Fred Day, 13929 Olive Mesa Court, Executive Director of the Chamber of
Commerce, commended the City Council for the sewer fee rebates; decrease in crime
rate; time spent by staff in working out solutions with business owners regarding
Poway Road Specific Plan concerns; and bringing Dixieline Lumber to Poway.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar, as follows:
Approval of Minutes - City Council
December 12, 1995, Regular Meeting
December 14, 1995, Adjourned Regular Meeting
11.
Ratification of Warrant Register for period of January 8-12, 1996.
(401-10)
12.
Approval of City's Investment Report as of ending December 31, 1995.
(408-01)
12.1
Approval of Contract for Consulting Services with Transtech Engineers,
Inc. for design of Video Traffic Surveillance at Poway and Community
Roads. (602-01 #1125)
12.2
Approval of Contract for Consulting Services with Transtech Engineers,
Inc. for design of traffic signals at Pomerado/Old Pomerado, and
Pomerado/Casa Avenida. (602-01 #246R)
12.3
Adoption of Planning Resolution No. P-96-03, entitled, "A Resolution of the
City Council of the City of Poway, California, Denying General Plan
A~nendment/Zone Change g6-01/Conditional Use Permit 95-07, Assessor's Parcel
Number 321-243-04." (Confirming action taken January 16, 1996, Item 3.1)
(203-11)
12.4 Award of bid to Pomerado Publishing for publishing Poway Today.
(602-01 #177A)
12.5 Rejection of all bids for the construction of the Public Services
Administration Building. (1718). {601-03R)
Motion carried unanimously.
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ITEM 5 (701-04)
ORDINANCE NO. 455/SECOND READING
JUVENILE LOITERING DURING SCHOOL HOURS
Mayor Higginson read the title of Ordinance No. 455, "An Ordinance of the City
of Poway, California, Adding Chapter 9.26 to the Poway Municipal Code to
Establish a Citation System for Juveniles, Juvenile Loitering and Curfew
Violations, and Cost Recovery." Staff report by City Attorney Eckis. In
response to concerns he has added subsection "e" to Section 9.26.030 that reads,
"This section does not apply: ...e. To students currently enrolled in an
independent study program." In addition, the word "or" should have been deleted
in the first part of that section, to read, "...Monday through Friday at times
when such person's school is in session." Since these changes could be
considered substantive, he recommends the second reading be continued to February
6, 1996.
Speaking in opposition to the Ordinance:
Roger Hanafi, 13118 Dana Vista
Davis Sterling, 13118 Dana Vista
Rosaline Orner, 12910 Lomes Verdes Drive
Sudie Weisman, 15293 Maturin Drive #94, San Diego
Cecilia Chafin, 15485 Raptor Road
Sharon Cooper, 1217 Ragweed Street, San Diego
Michael Nagano, 13760 Tobiasson Road
Debbie Furgal, 12750 Treeridge Terrace
Several speakers questioned the constitutionality of this Ordinance in light of
existing Education Code provision regarding truancy. City Attorney Eckis stated
he was aware of the Education Code and this Ordinance was very carefully crafted
and is constitutional. The question of whether or not it is an appropriate
policy is the subject for discussion.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue
Ordinance No. 455 to February 6, 1996 for second reading. Motion carried
unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 456/FIRST READING
SECOND DWELLING UNITS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
456, "An Ordinance of the City of Poway, California, Amending Poway Municipal
Code 17.08.190 Regarding Section Dwelling Units in Single Family Zones." Staff
report by Director of Planning Services Wright-Quastler. This Ordinance provides
that second dwelling units in Poway may not be located in areas of the City which
are determined to be inappropriate for second units. Staff has undertaken an
analysis of sewer, water and circulation and concludes that there are areas where
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these facilities are currently at build-out and will not be adequate to allow
more than the number of dwelling units that are permitted under the General Plan.
The determination of what makes an area inappropriate and an annual designation
of areas will be done by resolution. Those resolutions will be presented at
second reading.
There was no one present wishing to speak.
Councilmember Cafagna asked if we are trying to fix a problem that doesn't exist
since each application is evaluated on an individual basis. He expressed concern
that if we prohibit applications we are inviting a legal challenge.
City Attorney Eckis stated that the standards for accepting applications are
adopted by Resolution. If a court found the standards unreasonable with no
factual basis then it would be subject to attack. Each year, Council will have
to look carefully at the resolution for that year.
Motion by Councilmember Emery, seconded by Councilmember Callery, to issue a
Negative Declaration, waive further reading and continue Ordinance No. 456 to
February 13, 1996 for second reading. Motion carried unanimously.
ITEM 7 (203-10)
APPEAL OF STAFF APPROVAL
MINOR DEVELOPMENT REVIEW 95-63
APPLICANT: DAVID LUDVIGSON
Staff report by Director of Planning Services Wright-Quastler. The Minor
Development Review 95-63 for a 6,362 square foot single family residence at 13633
Paseo de la Huerta was approved by staff on January 5, 1996. That approval was
appealed by David Capitanio, an adjoining property owner. Minor Development
Review 95-37 was approved in October, 1995 for this property and authorized
building pad having an elevation of 849.5 feet and a tennis court pad having an
elevation of 841 feet. A grading plan was approved in November, 1995, and
grading is currently underway. Staff recommends affirmation of staff approval.
Speaking in opposition to staff recommendation:
David Capitanio, 13597 Ranch Creek Lane, stated he had not protested the
approval of MDR 95-37 because he was informed the roof of the Ludvigson's
residence would only be 2 to 3 feet above his pad height, however, since it is
10 feet above, he feels it will take too much of his view and he wants the
Ludvigson's to lower their pad or their roofline. He presented panoramic
photographs illustrating the portion of his view that will be blocked by the
Ludvigson residence.
Inge Capitanio, 13597 Ranch Creek Lane
Tim Vanderveen, 13571 Summit, representing the Green Valley Summit
Homeowners' Association. He stated since the Ludvigson residence is in Green
Valley Estates the Green Valley Summit architectural committee could not take a
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position, however he suggested a wider notification than 500 feet be given in
areas of two acre lots.
Roger Minx, 16565 Sombre del Monte, Ramona, architect for the Capitanios.
Speaking in favor of staff recommendation:
David Ludvigson, 14008 Arbolitos Drive, stated they are within the City's
height limits and his subdivision's CC&Rs. The Capitanios have no view easement.
Councilmember Cafagna asked if lowering his pad is an option. Mr. Ludvigson
stated that there is rock on the property and it would be very expensive.
Councilmember Rexford asked if he would lower his roofline. Mr. Ludvigson stated
he would lose his clerestory windows which are designed to provide light to the
central part of the home.
John Jensen, 4646 50th Street, San Diego, Ludvigsons' architect, stated
they attempted to keep the higher portion of the home out of Capitano's main view
corridor.
Motion by Councilmember Callery, seconded by Councilmember Rexford to continue
this item to February 13, 1996, in order to look at the view impacts of this
project. Motion carried unanimously.
Following discussion, Mr. Ludvigson agreed to put up stakes on his property to
show graphically where the roofline would be. Staff will photograph them for the
continued hearing.
ITEM 8 (1301-07)
RED LIGHT PHOTO CITATION SYSTEM
Staff report by Director of Engineering Services Weston. The Traffic Safety
Committee has been researching photo enforcement of traffic signal violations.
Enabling legislation was recently passed which provides a legal basis for use of
this technology. Cameras photograph automobiles that enter an intersection after
the light has turned red and a ticket is sent to the vehicle's owner. It expands
traffic enforcement capability without added personnel and reduces injury
accidents.
Lauri Keller, U.S. Public Technologies Marketing Manager, made a presentation
regarding the technology and their proposal for a "turn key operation". They
will install the poles and camera housing and issue the tickets on a two year
contract.
Speaking in opposition to the proposal:
Rosaline Orner, 12910 Lomas Verdes Drive
Motion by Councilmember Emery, seconded by Councilmember Callery to endorse the
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concept of traffic signal photo enforcement and approve proceeding with
negotiations for installation. Motion carried unanimously.
ITEM 13 (203-18)
PRE-DEVELOPMENT CONFERENCE
BURGER KING/MS ZONE/POWAY ROAD
City Manager Bowersox stated we have received a request to consider a Burger King
restaurant in the MS zone on the south side of Poway Road between Olive Tree Lane
and Golden Way. Drive-thru restaurants are not allowed in the MS zone which is
the reason for this pre-development conference. However, if the Poway Road
Specific Plan is approved as proposed, drive-thrus will be allowed in this area.
Dan Stepaniewski, realtor, stated he had made this application for a pre-
development conference for a client that has since disappeared.
Council concurred it was not necessary to discuss making any changes at this time
since the Poway Road Specific Plan adoption will make this issue moot.
CITY ATTORNEY ITEHS
15.
City Attorney Eckis requested a closed session to discuss existing
litigation pursuant to Government Code §54956.g(a) in the cases of Smith
v. All Persons, San Diego Superior Court Case No. 667691; Poway Property
Owners Group v. City of Poway, San Diego Superior Court Case No. No69334;
and Poway Property Owners v. The United States of America, U.S. District
Court No. gS-2735-1EG-(CGA).
CLOSED SESSION
Mayor Higginson called for a closed session at 9:15 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 10:00 p.m. with all
Councilmembers present. Upon motion by Councilmember Emery, seconded by
Councilmember Cafagna, Mayor Higginson ordered the meeting adjourned to 5:00
p.m., Thursday, February 1, 1996, in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time of adjournment was 10:00 p.m.
,, . Wahlsten, City Clerk
City o~,~poway
5723
NO TICE
NOTICE IS HEREBY GIVEN THAT THE JANUARY 30, 1996. REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
ORDER OF ADJOURNMENT
Upon motion by Councilmember Emery,
seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned to
5:00 p.m., Thursday, February 1. 1996
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 10:00 p.m.
Dated:
January 31, 1996
Wahlsten, City Clerk
ay, California
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
12:00 p.m.
Dated at Poway, California, on January 31, 1996
Marjori~ ~. Wahlsten, City Clerk
City of P~.~ay, California