CC 1996 09-24 CITY OF PONAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 24, 1996
The September 24, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF HEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Steve Streeter
Penny Riley
Garry MacPherson
Scott Nespor
City Manager
City Clerk
City Attorney
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Principal Planner
Assistant to the City Manager
Battalion Chief
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna 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:
Mike Norris, 14685 Silverset Street, stated there is a problem in Poway
with youth and drugs caused by a lack of activity and places to congregate.
Mayor Higginson suggested he read Suzanne Emery's article in the last Poway News
Chieftain for a different perspective.
Bob Lichter, Braemar Partners, 610 W. Ash Street, San Diego, new owner of
Creekside Plaza, announced he will be making $1,000 available to each
Councilmember on December 1 of each year for presentation to a Poway student or
citizen of their choice.
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CONSENT CALENDAR
Mayor Higginson stated that Item 17.5 has been pulled by the public.
Motion by Councilmember Rexford, seconded by Councilmember Callery to approve the
Consent Calendar, as follows:
10.
Approval of Minutes - City Council
August 27, 1996 Regular Meeting
12.
Ratification of Warrant Register for period of September 3-6, 1996.
(401-10)
13.
Approval of City's Investment Report for the month of September, 1996.
(408-01)
14.
Approval of Second Amendment between the City of Poway and the County of
San Diego for management and implementation of the CDBG funded Housing
Rehabilitation Program and appropriation of $120,000 from the
Redevelopment Agency unappropriated fund balance to cover cost of
completion of housing rehabilitation projects for low and very-low income
Poway residents. The amendment will enable the County to reimburse the
City an additional $120,000 in Twenty-Second Year CDBG funding.
(602-01 #979)
15.
Approval of temporary sewer connection for APN 317-500-81; Kenneth J.
French, applicant; located at 12741Roca Grande Road. (1170-13)
16.
Adoption of Resolution No. 96-105, entitled, "A Resolution of the City
Council of the City of Poway, California Adopting the Fair Political
Practice Commission's Standard Conflict of Interest Code 2 California Code
of Regulations Section 18730 and Rescinding Resolution No. 94-119," and
Amending the List of Designated Positions Subject to Reporting
Requirements of the City's Code; and Resolution No. 96-106, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
the Poway Redevelopment Agency's Adoption through Incorporation by
Reference the Fair Political Practices Commission's Standard Conflict of
Interest Code 2 California Code of Regulations Section 18730 and the
Amended List of Designated Positions Subject to the Reporting Requirements
of the Agency's Conflict of Interest Code." (704-08)
17.
Removal of approval of amended final map for Tentative Parcel Map 95-05
from calendar. This item was approved on September 17, 1996. (203-02)
17.1
Approval of Memorandum of Understanding between the Service Authority for
Freeway Emergencies (SAFE) and the City of Poway to install two roadside
emergency call boxes on Poway Grade. (602-01 #1169)
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17.2 Approval of class specification for concession workers at Performing Arts
Center: Concession Attendant; Concession Attendant/Bar. (503-03)
17.3
Approval of agreement with San Diego County for the 90 day loan of Fire
Battalion Chief Garry MacPherson to act as Division Chief for the County's
Emergency Medical Services Division. (602-01 #1170)
17.4
Approval to sublet to a joint venture of California Commercial Asphalt
Corporation and Daley Corporation, a portion of the contract with Signs &
Pinnick for construction of the Scripps Poway Parkway East and findings of
public necessity. (602-01 #240R)
17.6 Approval of a change order in the amount of $366,115.93 to the 96-97
slurry/cape seal contract with Asphalt, Inc. (407-4320) (602-01 #1152)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 1 (701-04)
ORDINANCE REGARDING TATTOO SHOPS
Mayor Higginson opened the public hearing. City Manager Bowersox recommended
this item be removed from the calendar at this time since the pending application
for a tattoo/body piercing shop has been withdrawn.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to remove this
ordinance regulating tattoo and/or body piercing shops from the calendar. Motion
carried 4-0 with Councilmember Emery absent.
ITEM 2 {203-08)
CONDITIONAL USE PERMIT 86-09{M}
MINOR DEVELOPMENT REVIEW 96-34
APPLICANT: OAK KNOLL COUNTRY DAY SCHOOL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 1,800 square foot classroom building
to replace a 400 square classroom building which will expand an existing
preschool at 12271 Oak Knoll Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-96-66, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Modification of Conditional Use Permit 86-09 and Minor Development Review 96-34,
Assessor's Parcel Number 317-152-08." Motion carried 4-0 with Councilmember
Emery absent.
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ITEM 3 (203-08)
CONDITIONAL USE PERMIT 96-11
DEVELOPMENT REVIEW 96-09
VARIANCE 96-06
APPLICANT: RUSS BAUMGARTNER
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. This is a request to construct a 3,840 square foot single story
office/shop for a concrete storage yard. Wood forms and several trucks will be
stored on site. A variance approval is requested to allow a masonry wall to be
constructed within the required 35' street side yard setback. The two acre site
is located at 12559 and 12599 Stotler Court in the South Poway Business Park.
Staff report by Director of Planning Services Wright-Quastler. After review of
the draft resolution, the applicant has proposed one revision and staff is
proposing another one based on input from the adjacent property owner. When the
final grading is completed on the adjacent property, the outdoor storage area
must be resurfaced within 90 days or in four years, whichever is less. A
concrete screen wall along the south property line must be installed within 90
days of completion of final grading on the adjacent property.
Speaking in favor of staff recommendation:
Neville Bothwell, 3575 Kenyon Street, San Diego
Council expressed concern regarding the purple accents shown on the elevations
and requested staff work with the applicant to change the color to something less
intense.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-96-67, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Conditional Use Permit 96-11, Variance 96-06 and Development
Review 96-09, Assessor's Parcel Number 317-270-30 & 47," incorporating revisions.
Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 96-07
APPLICANT: POWAY INDUSTRIAL PARK
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to subdivide Lot 1 of Tract 85-04 into six parcels
located at 12300-12340 Stowe Drive in the South Poway Business Park. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Callery, to close the
public hearing and adopt Planning Resolution No. P-96-68, entitled, "A
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Resolution of the City Council of the City of Poway, California Approving
Tentative Parcel Map 96-07, Assessor's Parcel Number 317-222-11." Motion carried
4-0 with Councilmember Emery absent.
ITEM 5 (1301-01)
CITIZEN'S OPTION FOR PUBLIC SAFETY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Included with the State of California budget for 1996-97 was a new
$100 million program funded by the State's general fund called Citizen's Option
for Public Safety (COPS). The City of Poway is estimated to receive $110,000 to
supplement the existing law enforcement budget. The Sheriff's Department is
requesting a new van for detectives, surveillance cameras, and specialized
detective training. The balance of the funds will pay for equipment for the new
Sheriff's station.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Callery to close the
public hearing and approve the expenditure plan. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 6 (602-01 #1163)
RAMONA MUNICIPAL WATER DISTRICT
AGREEMENT RE WATER SALES
Staff report by City Manager Bowersox. On August 27, 1996, the City Council
declined to approve an agreement with Ramona Municipal Water District regarding
water sales to Hidden Valley Ranch which is in the City of Poway, and instructed
staff to pursue additional negotiations that would consider the groundwater
concerns of residents in the Old Coach Road area while protecting the
environmental and financial interests of the City. The RMWD Board of Directors
proposes a meeting of an Ad Hoc Committee comprised of members of their Board and
the City Council. Staff recommends this be a public meeting that our citizens
can attend.
Speaking in favor of staff recommendation:
Jeff Mangum, 18111 Old Coach Road
Councilmembers Rexford and Cafagna volunteered to serve as the sub-committee.
City Attorney Eckis stated this would be an advisory committee that would be
authorized to meet in public with a posted agenda and will report back to the
Council.
Motion by Mayor Higginson, seconded by Councilmember Rexford to appoint
Councilmembers Cafagna and Rexford to meet with the Ramona Municipal Water
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District Ad Hoc Committee in a public meeting.
Councilmember Emery absent.
Motion carried 4-0 with
ITEM 7 (203-14)
DEVELOPMENT REVIEW 96-15
APPLICANT: WIEDENBACH AMERICA
Staff report by City Manager Bowersox. This is a request to construct a 15,860
square foot light industrial building at 13685 Stowe Drive within the South Poway
Business Park. Staff recommends approval.
Motion by Mayor Higginson, seconded by Councilmember Rexford to adopt Planning
Resolution No. P-96-69, entitled, "A Resolution of the City Council of the City
of Poway, California Approving Development Review 96-15, Assessor's Parcel Number
317-810-27." Motion carried 4-0 with Councilmember Emery absent.
ITEM 8 (701-04)
ORDINANCE NO. 468/SECOND READING
ZC 96-04/ARBOLITOS SPORTS FIELDS
Mayor Higginson read the title of Ordinance No. 468, "An Ordinance of the City
of Poway, California, Changing the Zoning Classification of Certain Property (ZC
96-04)." Staff report by City Manager Bowersox. The City Council held first
reading of this Ordinance on September 10, 1996. It changes the zoning at the
southeast corner of Pomerado Road and Ted Williams Parkway from Open Space-
Resource Management to Open Space-Recreation for the Arbolitos Sports Fields.
Motion by Councilmember Callery, seconded by Councilmember Rexford to waive
further reading and adopt Ordinance No. 468. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 9 (701-04)
ORDINANCE NO. 46g/SECOND READING
ZC 96-05/SOUTH TERMINUS OF SILVER LAKE
Mayor Higginson read the title of Ordinance No. 469, "An Ordinance of the City
of Poway, California, Changing the Zoning Classification of Certain Property {ZC
96-05)." Staff report by City Manager Bowersox. The City Council held first
reading of this Ordinance on September 10, 1996. It changes the zoning at the
southerly terminus of Silver Lake Drive from Residential Condominium to Open
Space-Resource Management.
Motion by Councilmember Callery, seconded by Councilmember Rexford to waive
further reading and adopt Ordinance No. 469. Motion carried 4-0 with
Councilmember Emery absent.
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ITEM 17.5 (1504-17)
AGRICULTURAL ELEMENT IN COUNTY'S GENERAL PLAN
Mayor Higginson stated this item had been pulled from the Consent Calendar by a
member of the public. Staff report by City Manager Bowersox. At the City
Council meeting of September 17, 1996, Duncan McFetridge, President of Save Our
Forest and Ranchlands, made a presentation to the Council requesting that the
City Council urge the County Board of Supervisors adopt an Agricultural Element
in their General Plan. Council directed staff to bring a Resolution back on
this agenda for adoption.
Speaking in opposition to staff recommendation:
Henry Palmer, 682 Olive Street, San Marcos, representing the San Diego
County Farm Bureau, stated that Mr. McFetridge does not speak for the farmers,
and the Farm Bureau opposes this Resolution.
Ed Malone, 17150 Old Coach Road, stated the City Council needs to hear both
sides and questioned this being put on the supplemental agenda.
Richard Ludwig, 12720 Metate Lane, read Section 2.18.070 to the City
Council regarding items being distributed for the agenda and questioned if the
City Council was in violation of the law. City Attorney Eckis stated that the
law requires posting of the agenda with a listing of items 72 hours prior to the
meeting.
Speaking in favor of staff recommendation:
Pandora Rose, 434 Creelman, Ramona, stated that the State Farm Bureau has
requested all counties adopt an agricultural element.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to continue
this item until staff can prepare a more comprehensive report. Motion carried
4-0 with Councilmember Emery absent.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session pursuant to Government Code
Section 54956.9(a), existing litigation, Poway Royal Mobilehome Owners
Association v. City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
20A.
Councilmember Cafagna stated Poway is the only City in the county that
requires City Council approval of Development Reviews and he would propose
that in the South Poway Specific Plan, staff be authorized to approve
those that do not involve a Conditional Use Permit or Variance.
Councilmember Callery stated she wants to be able to see color renderings.
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Director of Planning Services Wright-Quastler stated they will be
available in the City Council office for review prior to staff approval.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to
authorize a one-year trial program that permits the Planning Services
Department to approve Development Reviews that do not require Conditional
Use Permits or Variances in the South Poway Specific Plan area, with
status reports on the Consent Calendar every 60 days. Motion carried 4-0
with Councilmember Emery absent.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by City Attorney Eckis
at 8:15 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 8:45 p.m. with all
Councilmembers present except Councilmember Emery and adjourned the meeting on
motion by Councilmember Callery, seconded by Councilmember Rexford.
Marjor}e ~. Wahlsten, City Clerk
City o~ay
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