CC 1996 02-13 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR HEETING
FEBRUARY 13, 1996
The February 13, 1996, 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.
COUNCILHEHBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF HEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Bob Thomas
Reba Wright-Quastler
Steve Streeter
Alan Fulmer
Brad Kutzner
Mike Robinson
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Planning Services
Principal Planner
Sheriff's Captain
Senior Civic Engineer
Traffic Engineer
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
PRESENTATIONS
Ao
Mayor Higginson presented a Resolution of Appreciation to Bill Geppert,
Vice President and General Manager of Cox in San Diego, for their
contribution to the City's Fireworks Fund and 1995 Rodeo.
Mayor Higginson presented Completion Certificates and badges to the
graduating class of volunteer park rangers: Linda Ashmore, Alec Carpenter,
Ana Carpenter, Carol Carson, Mel Naidas, Rita Navarrete, Gene Saffell,
Sidney Vale, and Roger Willoughby.
PUBLIC ORAL COMHUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Gil Olson, 13409 Midland Road, requested a list of positions taken by the
City Council on behalf of the citizens and the lawsuits the City Attorney has
joined the City to. He suggested this be published in the local newspaper. City
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Manager Bowersox noted that this information is available in the City Clerk's
office.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Rexford to approve
the Consent Calendar, as follows:
11
Approval of Minutes - City Council
January 9, 1996, Regular Meeting
January 16, 1996 Regular Meeting
13.
Ratification of Warrant Register for period of January 22-26, 1996.
(401-10)
14.
Approval of a one year extension to the contract with BSI Consultants,
Inc. To November g, 1996. {602-01 #95)
15.
Adoption of Resolution No. 96-010, entitled, "A Resolution of the City
Council of the City of Poway, California Authorizing the County of San
Diego to Submit a Regional Application to the California Integrated Waste
Management Board for the 1996-98 Used Oil Recycling Opportunity Grant," on
the City's behalf. {401-30}
16.
Approval of Memorandum of Understanding Among the City of San Diego, the
City of Escondido, the City of Poway, the Sweetwater Authority, the Otay
Water District, the Padre Dam Municipal Water District, and the Tia Juana
Valley County Water District for the Allocation of Federal Grant Funds for
the San Diego Water Reclamation Program Under Section 1612 of Public Law
102-575. (602-01 #1129)
Motion carried unanimously.
ITEM 5 (701-04
ORDINANCE NO. 456/SECOND READING
SECOND DWELLING UNITS
Mayor Higginson read the title of Ordinance No. 456, "An Ordinance of the City
of Poway, California, Amending Poway Municipal Code Section 17.08.190 Regarding
Second Dwelling Units in Single Family Residential Zones."
Staff report by City Manager Bowersox. Since the first reading of the Ordinance
on January 30, 1996, the City has received public input regarding this issue.
He clarified that second dwelling units are not the same as a guest house or a
cabana. They are a unit with a full kitchen that can be rented and they require
a conditional use permit for approval. Guest houses can be approved by a minor
development review. Council directed staff to work with concerned citizens on
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this issue several years ago when the State approved legislation giving the City
less discretion. The availability of infrastructure is a criteria that can be
used and stafPs proposal uses water and sewer capacity, and level of service on
the roads as criteria for approval. Annually, a resolution will be adopted
determining which areas of the city have adequate water, sewer or traffic
circulation to allow second dwelling units. As proposed, second dwelling units
will be prohibited until the traffic circulation system is improved to a level
of service of C.
In response to query by Councilmember Callery, City Attorney Eckis stated that
there has never been an unconditional right to have second units on a property.
This action does not preclude the right to a first unit, but implements state law
in regards to second units.
Speaking in opposition to staff recommendation:
Jerry Pinney, 3627 Olive Tree Lane
Sue Herndon, 16752 Corte Paulina
Gil Olson, 13409 Midland Road
Don Mechling, 13863 Millards Ranch Lane
Jose Castle, 13990 Humo Drive
Mary Ann Altaffer, 13539 Blue Crystal
Ernie Stevenson, 1455 Millards Road
Zdravako Diveak, 14544 Millards Road
Diana Augustine, 14210 Midland Road
Bill Bailey, 14551Millards Road
James Rostvet, 11550 Creek Road
John Pavin, 13319 Stone Canyon Road
George Andreos, 14362 High Valley Road
Speakers stated that Poway residents are being punished for traffic going through
the City and suggested that traffic not be used as a criteria. They questioned
why this action is being taken since there has not been a problem.
Speaking in favor of staff recommendation:
Karen Miller, 15417 Espola Road
Mary Shepardson, 13815 Johannesberg
Carl Kruse, 17187 Tam O'Shanter
Bruce Tarzy, 15912 Ranch Hollow Road
Speakers stated this action will preserve the integrity of the General Plan and
noted that RS zone means Residential-Single Family.
Mayor Higginson stated the intent was not to prohibit everyone from applying for
second units and suggested some modification to the language to change to level
of service D at the point of access to the arterial.
Motion by Councilmember Emery, seconded by Mayor Higginson to waive father
reading, close the public hearing and adopt Ordinance No. 456 with the changes
in the fifth recital to "...at the point of access, the arterial roadway from
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which the most direct access is taken to the site proposed for a second dwelling
unit has a LOS less than "D"..." Motion carried unanimously on a roll call vote.
Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt
Resolution No. 96-011, entitled, "A Resolution of the City Council of the City
of Poway, California Regarding the Availability of Public Services for Second
Dwelling Units in Single Family Residential Zones," as amended to LOS D. Motion
carried unanimously.
ITEM 6 (701-04)
ORDINANCE NO. 457/FIRST READING
FALSE ALARM NOTIFICATION
Mayor Higginson opened the public hearing and read the title of Ordinance No.
457, "An Ordinance of the City of Poway, California Amending Chapters 9.44 and
Chapter 8.76 of the Poway Municipal Code." Staff report by City Manager
Bowersox. In January, 1995, the Code Compliance Officer position which had been
in the Safety Services Department was transferred to the Planning Services
Department. This Ordinance changes the wording where necessary to reflect that
change. It also clarifies that the notice of false alarm is to be via a card
left on the door of the property and that the card will have the penalty
assessment schedule printed on it.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to waive
further reading and continue the public hearing to February 27, 1996 for second
reading and adoption. Motion carried unanimously.
ITEM 7 (203-14)
MAJOR USE PERMIT P62-188(M)
DEVELOPMENT REVIEW 95-15
APPLICANT: FIRST BAPTIST CHURCH OF POWAY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a new fellowship hall, nursery-
preschool classroom building, and a new entry and balcony level to the existing
sanctuary at 13604 Midland Road. Staff recommends approval.
Speaking in favor of staff recommendation:
Lew Dominy, 2150 W. Washington, San Diego, architect
John Voris, 14520 Garden Road, church member
Mr. Dominy requested changes in various conditions, including waiving requirement
to underground utilities; receiving credit for current EDUs of sewage capacity;
deleting requirement to improve Agsten Lane west of the new driveway; allowing
a wood fence rather than masonry wall on the western property line. Staff
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concurred that undergrounding can be waived if the Church agrees to not oppose
a future underground utility district that night be formed; agreed they would
receive credit for EDUs; concurred to delate Condition l(b) under Streets and
Sidewalks; and agreed that a DuraCrete wall between the parking lot and existing
home with other type of fencing the remainder of the westerly property line would
be acceptable.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt
Planning Resolution No. P-96-05, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Major Use Permit P62-188{M), Development
Review 95-15, Assessor's Parcel Number 317-110-45, 62, 70 and 71," as amended.
Motion carried unanimously.
ITEM 8 (203-08)
CONDITIONAL USE PERMIT 95-09
DEVELOPMENT REVIEW 95-18
APPLICANT: HNR FRAMING
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This item is not ready to be heard and staff recommends a continuance
to February 20, 1996.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to continue this
item to February 20, 1996. Motion carried unanimously.
ITEM 9 (203-10)
APPEAL OF MINOR DEVELOPMENT REVIEW 95-63
APPLICANT: DAVID LUDVIGSON
Staff report by City Manager Bowersox. This appeal was originally heard on
January 30, 1996 and continued to this date to allow the applicant time to
construct "story poles" to show where the roof of the proposed residence would
be. David Capitanio has withdrawn his appeal based on the "story poles" and the
staff approval of MDRA 95-63 can remain in force.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to accept the
withdrawal of the appeal and remove this item from calendar. Motion carried
unanimously.
ITEM 10 (602-01 #247R)
GOLF COURSE FEASIBILITY STUDY
Staff report by City Manager Bowersox. At the January 16, 1996 City Council
meeting, Councilmember Rexford recommended that a golf course architect be
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retained to prepare a feasibility study for designing a 36 hole public golf
course for the South Poway Planned Comunity. Staff recommends that Tom Johnson
of Mt. Vernon, Washington be retained for this purpose.
Mr. Johnson was present and showed slides of golf course development around the
world.
Mayor Higginson noted that a portion of the property being considered is in
litigation for Scripps Poway Parkway right- of- way and he clarified that we are
not making a commitment that a golf course could be built on this property. He
suggested requiring the approval of the private property owners before entering
the property.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to appropriate
$6,000 for a feasibility study and authorize the City Manager to enter into a
contract with Tom Johnson to provide a conceptual plan for a golf course complex
with the requirement to get approval of the private property owners before
entering the property. Motion carried unanimously.
MAYOR AND CITy COUNCIL-INITIATED ITEMS
23A. Mayor Higginson requested and received concurrence for Lois Downs as
Chairperson of the Senior Issues Committee. {701-09)
23B.
Mayor Higginson requested a closed session for public employee performance
evaluation pursuant to Government Code §54957 and noted that the City
Manager will be the only employee reviewed at this meeting. The City
Attorney and City Clerk will be reviewed on February 20, 1996.
CLOSED SESSION
Mayor Higginson call for a closed session at 9:00 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 11:30 p.m. with all
Councilmembers present and adjourned the meeting on motion by Councilmember
Callery, seconded by Councilmember Emery.
Marjorie\K. Wahlsten, City Clerk
City of Poway
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