CC 1996 06-25 CITY OF PONAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR HEETING
JUNE 25~ 1996
The June 25, 1996, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 p.m., by Deputy Mayor Cafagna at the City
Council Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILHEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford
COUNCILHEHBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Steve Eckis
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Steve Blackwood
Penny Riley
Marie Lofton
City Manager
City Attorney
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Lieutenant
Senior Management Analyst
Deputy City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna led the Pledge of Allegiance.
PRESENTATIONS
Deputy Mayor Cafagna presented Plaques of Appreciation to Merrilee Boyack, Jay
Goldby, Ann Martin, and Roger Willoughby who served on the 1996-97 Budget
Advisory Committee. David Janssen was not present to receive his plaque.
Sandy Lyle, Public Relations Specialist for Poway Target Store, presented a check
for $3,000 to be used for the Summer Concert Series at Old Poway Park and Lake
Poway. This is the third year Target has sponsored these concerts.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Cafagna explained the procedure for Public Oral
There was no one present wishing to speak.
Communications.
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CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
11. Ratification of Warrant Register for period of June 3-7, 1966. (401-10)
12.
Adopted Resolution No. 96-058 entitled "A Resolution of the City Council
of the City of Poway Adopting an Appropriations Limit for Fiscal Year
Ending June 30, 1997." The limit is $82,880,309. (401-23)
13.
Adopted Resolution No. P-96-043 entitled, "A Resolution of the City of
Poway, California Approving Minor Development Review 96-26,
{Hillside/Ridgeline) Assessor's Parcel Number 322-041-11"; for a 3,000
square foot single-family home on 10 acres at 16951 Iron Mountain Road;
Rhonda Schreiber and Jim Tolley, applicants. (203-10}
14.
Approval of an Interim Agreement for Animal Control Services for Fiscal
Year 1996-97 with the Option to Renew for an Additional Five Years from
1997-98 through FY 2002-2003. (602-01 #90)
15.
Acceptance of 1995-96 citywide street striping project from Traffic
Operations, Inc. (602-01 #1114)
16.1
Approval of the following positions on pending legislation: oppose SB 1471
which requires a legislative body that uses delinquency foreclosure for
benefit assessments to record a notice to indicate the delinquency will be
removed from the property tax roll to seek collection through foreclosure;
oppose AB 3407 which relates to the tax treatment of establishments that
provide complimentary food to guests as part of the price of lodging;
support AB 2868 which would require violent felons to register with police
departments in the jurisdictions they reside; support AB 1562, commonly
known as "Megan's Law" which creates a mandatory registration program for
convicted sex offenders; support AB 2987 and SB 1971 both relating to
Proposition gg funding reallocation; and adopted Resolution No. 96-059
entitled, "A Resolution of the City of Poway, Requesting that Congress
take Appropriate Action to Prevent the Loss of Affordable Housing Units
through the Prepayment of FHA Insured Mortgages and Requesting Congress to
Include in the FY 97 Federal Budget Sufficient Funds to Support the
Acquisition of At-Risk Units by Non-Profit Agencies." (701-11}
16.2
Award of contract to Stone & Youngberg to provide senior managing
underwriter services for the issuance of bonds for the Sheriff's
substation. (602-01 #1155)
Motion carried 4-0 with Mayor Higginson absent.
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ITEM 5 (205-02)
F)NANCIAL PLAN FOR FISCAL YEAR 1996-97
Staff report by City Manager Bowersox. This is the third public hearing on the
budget for 1996-97. He noted a correction needed to the Resolution approving the
budget due to the inadvertant omission of a position approved on June 4, 1996,
with the reorganization of the City Manager Division. There is also a minor
change to the Capital Replacement Fund because of the timing on the purchase and
replacement of fire trucks. There is an estimated $79,000 surplus of revenues
over expenses. Staff recommends adoption of the Resolutions approving the budget
as amended, and thirteen Benefit Resolutions for various Capital Improvement
Projects to be funded by Redevelopment Agency funds.
Council commended the Budget Review Committee and staff for their hard work in
achieving a balanced budget for the 16th year in a row. Councilmember Callery
asked if the County had made a determination whether it was going to contribute
its share of the operating costs for the San Dieguito River Park. City Manager
Bowersox said that if they decide to not approve the funding, the other joint
power agencies, including the City of Poway, will have to consider their course
of action. That will be brought back to the City Council, if necessary.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 96-060, entitled "A Resolution of the
City Council of the City of Poway, California, Approving and Adopting the Annual
Budget for the Fiscal Year 1996-97 and Appropriating the Funds Necessary to Meet
the Expenditure Set Forth Therein"; Resolution No. 96-061 entitled, "A Resolution
of the City Council of the City of Poway, Determining that the Acoustic
Improvements to the Poway Center for the Performing Arts (#5533) is of Benefit
to the Paguay Redevelopment Project"; Resolution No. 96-062 entitled, "A
Resolution of the City Council of the City of Poway, Determining that the
Performing Arts Center Audio Upgrade (#5532) is of Benefit to the Paguay
Redevelopment Project"; Resolution No. 96-063 entitled, "A Resolution of the City
Council of the City of Poway, Determining that the Old Poway Park Entrance Sign
Project (#5637) is of Benefit to the Paguay Redevelopment Project"; Resolution
No. 96-064 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Community Park Sports Lighting Retrofit (#5636) is of
Benefit to the Paguay Redevelopment Project"; Resolution No. 96-065 entitled, "A
Resolution of the City Council of the City of Poway, Determining that the Lake
Poway Fishing Dock ADA Improvement Project (#5638) is of Benefit to the Paguay
Redevelopment Project"; Resolution No. 96-066 entitled, "A Resolution of the City
Council of the City of Poway, Determining that the Operations Center Yard
Improvement Project (#5531) is of Benefit to the Paguay Redevelopment Project";
Resolution No. 96-067 entitled, "A Resolution of the City Council of the City of
Poway, Determining that the Tobiasson Road Drainage Improvement Project (#5421)
is of Benefit to the Paguay Redevelopment Project"; Resolution No. 96-068
entitled, "A Resolution of the City Council of the City of Poway, Determining
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that the Pomerado School Soccer Field Project (#5635) is of Benefit to the Paguay
Redevelopment Project"; Resolution No. 96-069 entitled, "A Resolution of the City
Council of the City of Poway, Determining that the Hilleary Park Playground Slide
Cover and Safety Fencing Project (#5631) is of Benefit to the Paguay
Redevelopment Project"; Resolution No. 96-070 entitled, "A Resolution of the City
Council of the City of Poway, Determining that the Library Site/Construction
Project (#5514) is of Benefit to the Paguay Redevelopment Project"; Resolution
No. g6-071 entitled, "A Resolution of the City Council of the City of Poway,
Determining that the Materials Handling Yard Project {#5520) is of Benefit to the
Paguay Redevelopment Project"; Resolution No. 96-072 entitled, "A Resolution of
the City Council of the City of Poway, Determining that the Poway Center for the
Performing Arts Lighting Project {#5314) is of Benefit to the Paguay
Redevelopment Project"; and Resolution No. 96-073 entitled, "A Resolution of the
City Council of the City of Poway, Determining that the Los Olivos Drainage
Project {#5415) is of Benefit to the Paguay Redevelopment Project." Motion
carried 4-0 with Mayor Higginson absent.
ITEM 6 (203-24)
MINOR CONDITIONAL USE PERMIT 96-04
APPLICANT: RANDY AND CHARISSE BECK
Staff report by City Manager Bowersox. This public hearing was continued from May
21, 1996, at the request of the applicants to allow them time to discuss the
project with the Green Valley Estates Homeowners Association. This is a request
to install eight lights on an existing tennis court at 13713 Paseo Valle Alto.
Section 17.30.010 of the Poway Municipal Code requires a minor conditional use
permit approval by the City Council for private lighted recreational courts in
single family zones. Staff recommends approval.
Speaking in opposition to staff recommendation:
Lyle Arnold, 15638 Boulder Mountain Road, stated when he moved to his
current home 3-1/2 years ago, there were no private lighted tennis courts visible
from his property. Now there are several and he asked that no more be approved.
Laura Maresh, 15622 E1Camnino Entrada, stated she has three lighted courts
in her neighborhood and reminded the City Council they had denied a request last
year on property next door to this applicant and across the street from her home.
This area is a bowl and light impacts are intensified.
James Everett, 15614 Oakstand Road, spoke regarding the noise impacts from
activities on the tennis courts which are in addition to tennis matches.
Louise Cox, 15574 Oakstand Road, urged the City Council to not approve any
more lighted tennis courts and stated the owners of the existing lighted courts
do not always turn the lights off at 10 p.m. as required.
Speaking in favor of staff recommendation:
Gregg Caledonia, Advantage Tennis Courts, 4gog Orchard Ave., San Diego,
builder for the applicant.
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Randy Beck, 13713 Paseo Valle Alto, stated his application meets all
current regulations and he is entitled to the permit.
Councilmember Emery stated that the reason conditional use permits come to the
City Council for review rather than being approved at the staff level, is to
receive input from surrounding neighbors. Councilmember Callery and Rexford
concurred and stated they could not agree with finding number two which states
it will not have an impact on neighboring properties due to noise and lights.
They asked staff if the existing lighted courts in the neighborhood were approved
prior to adoption of the current ordinance. Director of Planning Wright-
Quastler stated they were. Deputy Mayor Cafagna stated the Council has tried
to adopt an ordinance that would allow lighted tennis courts without an undue
impact on the neighbors and no lighted courts have been built under the new
ordinance to test it. He stated that in this area of large lots, amenities such
as lighted tennis courts should be expected.
City Attorney Eckis stated that the purpose of the conditional use permit process
is for public review, and for the Council to decide if the use can be made
compatible with surrounding uses. If the Council finds there is a unique
topography in this area and this use cannot be made compatible due to noise or
lights the motion should reflect that finding.
Motion by Councilmember Callery, seconded by Councilmember Rexford to close the
public hearing and deny Minor Conditional Use Permit 96-04 on the grounds of
incompatibility with surrounding uses and direct staff to bring back a resolution
of denial. Motion carried 3-1 with Deputy Mayor Cafagna voting "no" and Mayor
Higginson absent.
ITEM 7 (203-01)
TENTATIVE TRACT MAP 91-03TE(2)
APPLICANT: ROBERT AND PATRICIA LAMAGNO
Deputy Mayor Cafagna opened the public hearing and described the project. This
is a request for a one year time extension of a previously approved tentative map
which proposes the subdivision of 1.51 acres into five lots, located at 14469
Midland Road.
City Attorney Eckis noted that since this tentative map was in full force in May
1996, it received an automatic one year extension to 1997 under the provisions
of AB 771. If a one-year extension is granted tonight, the expiration date of
this map will be in 1998.
Speaking in opposition to staff recommendation:
Carolyn Zona, 14422 Gaslight Court, asked if 14458 Midland Road, which is
the former Flint home, was part of this map and expressed concerns
regarding the historic nature of the area.
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Director of Planning Wright-Quastler stated it was not the same property and
there is not a historic structure on the property covered by this map.
Speaking in favor of staff recommendation:
Robert Lamagno, 13075 Wimborly Court, San Diego, applicant.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing, adopt Planning Resolution No. P-96-44 entitled, "A Resolution of
the City Council of the City of Poway, California, Approving TTM 91-03TE(2),
Assessor's Parcel Number 314-192-38" and for staff to determine if there is a
historical structure on the property. Motion carried 4-0 with Mayor Higginson
absent.
ITEM 8 (1204-05)
WATER RATES AND SEWER SERVICE CHARGES
FISCAL YEAR 1996-97
Deputy Mayor Cafagna opened the public hearing. Staff report by City Manager
Bowersox. There are no increases in water or sewer rates for 1996-97. The
proposed resolutions maintain the current water use per unit charge at $1.663 per
unit, the flat rate for basic water service and pumping charges at their current
levels, and the sewer service charge at $45.57 per equivalent dwelling unit
bimonthly. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 96-074 entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing Water Rates for
Fiscal Year 1996-1997 and Rescinding Resolution No. 95-073" and Resolution No.
96-075 entitled, "A Resolution of the City Council of the City of Poway,
California, Amending the Schedule of Sewer Service Charges and Establishing Sewer
Service Charges for Fiscal Year 1996-1997 and Rescinding Resolution No. 95-074."
Motion carried 4-0 with Mayor Higginson absent.
ITEM 9 (1402-02)
POWAY COMMUNITY LIBRARY
COLOR SCHEMES AND BUS SHELTER
Staff report by Director of Community Services Thomas. The library
architect, Brad Miller, and interior designer Carole Graham have been working
with representatives of Douglas E. Barnhart, Inc., in developing the overall cost
estimate for the library project. The total cost estimate is $5.7 million and
includes the cost for the interior furnishings, $500,000, and the design and
construction of the library bus shelter of $115,000. The bus shelter is being
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funded by TDA funds. Ms. Graham has developed the color schemes and style of
furnishing based on input from the Library Design Steering Committee. The
architect has designed a library bus shelter that reinforces the design goals of
the library and the Poway Road Specific Plan. The furnishings, color schemes,
and bus shelter design were approved by the Library Design Steering Committee on
May 31, 1996. Staff recommends the City Council receive and file the report.
Architect Brad Miller gave a presentation of the bus shelter for the library.
The design was selected by the Library Design Steering Committee and incorporates
an open trellis with an archway over the walkway leading to the library courtyard
from Poway Road. Council asked about the budget, lighting, and an emergency
phone.
Carole Graham displayed interior color boards which contained colors and
materials selected by the Library Design Steering Committee for tile, carpet,
walls, table tops, and chair fabrics. She also presented renderings of the
Craftsman furniture style selected by the committee for the public seating areas
and the children's wing of the library. She had a sample of a natural cherry
wood chair to be used at the library tables.
Council asked questions regarding color shades and stated a preference for
granite table tops. Councilmember Callery stated that the committee chose a
modern material design for the children's area; however she and Councilmember
Rexford recommended a southwestern motif.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
interior design and color schemes with the material change recommended by
Councilmembers Callery and Rexford, and approve the design elements for the bus
shelter. Motion carried 4-0 with Mayor Higginson absent.
ITEM 10 (1170-04)
RESPONSE TO PUBLIC ORAL COMMUNICATION
SOLID WASTE FRANCHISE AGREEMENT
Staff report by City Manager Bowersox. On April 30, 1996, Peggy Collette
appeared before the City Council and requested an ordinance be adopted that
would prohibit the City from doing business with those who have been convicted
of a crime or at least have a provision in our Solid Waste Franchise Agreement
similar to that of the City of Riverside's entitled Criminal Activity of
Contractors. The City Attorney suggests that the appropriate time for such a
consideration would be at renewal since the Council cannot unilaterally amend an
existing agreement.
Council concurred to receive and file the report.
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ITEM 10.! (203-10)
MINOR DEVELOPMENT REVIEW 96-20/APPEAL
APPLICANT: MIKE SPROVIERO
Staff report by City Manager Bowersox. Minor Development Review 96-20 was
approved by the Planning Services Department on June 10, 1996. The applicant
proposes to construct a 3,067 square foot, single story home with an attached
three car garage on a vacant lot located at 12920 Stone Canyon Road. On June 14,
1996, Mr. Stephen Kirby, a neighboring property owner, submitted an appeal
regarding project drainage and drainage in the general area. Mr. Kirby believes
that street and drainage improvements and continued residential development
uphill from his lot has resulted in increased runoff and ultimately additional
drainage across his property and flooding. He has requested that a drainage
system be installed either by Mr. Sproviero or the City that would remedy
potential flooding problems on his property.
Director of Engineering Weston explained the drainage problems in this area. The
Brittany Park residential development, Tentative Tract Map 83-03, is located
north of the Sproviero lot. Runoff from this development is designed to drain
west along Brittany Park Lane into underground improvements; therefore, this
currently developing project has not added to the drainage over the Sproviero and
Kirby lots. Review of Tentative Tract Map 83-03 shows that the rear portion of
the Kirby lot is within a floodplain so occasional flooding in the inundation
area is not unusual. Improvements have been made recently to the drainage systems
in the area. After reviewing City maps and improvement plans, the Engineering
Services Department has determined that the project complies with City grading
and drainage standards. Staff recommends that the City Council uphold the
approval of Minor Development Review 96-20.
Council discussed the reasons for the appeal, if it was the belief that the City
had some responsibility regarding the drainage problem and whether the applicant
and the appellant had tried to work out the problem.
Speaking in opposition to staff recommendation:
Steve Kirby, 12912 Stone Canyon Road, described past flooding problems in
the area and requested the construction of a gunite ditch along the back
of his property and have it connected to the 24 inch pipe which now drains
into a concrete brow ditch.
Council asked staff if construction had started on the property. Director Weston
replied that a grading permit had been issued and the property owner had been
notified of the appeal. Questions were asked of staff and Mr. Kirby regarding
flooding problems since the development of the area.
City Attorney Eckis recommended the City Council continue this item so the two
adjoining property owners can try to resolve this issue. If they can't resolve
it, the City Council can either approve it as proposed or require the applicant
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to do the improvements requested by Mr. Kirby, but they should have an
opportunity to resolve it first.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue the
appeal to July g, 1996, to see if the property owners can work out a solution.
Motion carried 4-0 with Mayor Higginson absent.
CITY ATTORNEY ITEMS
18.
City Attorney Eckis stated he is entering the City into two amicus briefs.
Turner vs County of Butte which will decide the retroactivity of the
Gardino decision on requiring all fees to be approved by the voters. The
amicus brief will argue that the Gardino decision should not be enforced
retroactively. The decision could affect Poway and all cities in
California. The second case is Coleman vs the Santa Clara County Open
Space Authority which raises the issue of whether an assessment imposed
by an authority as part of an assessment district is a special tax or a
project under CEQA and if the authority has the power to exclude certain
properties within the district.
MAYOR AND CITY-COUNCIL INITIATED ITEMS
21. Councilmember Emery announced that he will be a candidate for reelection
to the City Council in the November election.
ADJOURNMENT
On motion by Councilmember Emery, seconded by Councilmember Rexford, Deputy Mayor
Cafagna ordered the meeting adjourned. The time of adjournment was g:o0 p.m.
Marie Lofton, De))uty City Clerk
City of Poway
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