CC 1997 01-28 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JANUARY 28, 1997
The January 28, 1997, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
CouncilmemberS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF RERBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
John Falconer
Penny Riley
Patrick Foley
City Manager
City Clerk
City Attorney
Assistant City Manager-Economic Develop.
Councilmember of Administrative Services
Councilmember of Community Services
Councilmember of Engineering Services
Councilmember of Planning Services
Councilmember of Public Services
Councilmember of Redevelopment Services
Sheriff's Captain
Assistant to the City Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Dan Ballister, 8494 Ware Court, San Diego, announced that Southwestern
Cable would introduce Road Runner cable modem service next week.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the
Consent Calendar as follows:
o
Ratification of Warrant Register for period of January 6-10, 1997.
(401-10)
5996
Page 2 - CITY OF POWAY - January 28, 1997
Find that Southwestern Cable's TV~s proposed rates for basic cable
television service in upgraded areas of $10.70 per month is in substantial
conformity with the rates permitted by the FCC. (1206-05)
Acceptance of Old Poway Park Train Barn Pit Expansion Project from Single
Eagle. (602-01 #259R)
o
Award of bid for the City's Tree Pruning Program, Fiscal Year 1996/97, to
Davey Tree Expert Co. in the amount of $42,043. (602-01 #1184)
Approval of class specification and authorization to recruit for Planning
Technician position. (503-03)
10.
Authorize a draw of $1,446,227.50 from the bond reserve fund balances of
Community Facilities District 88-1 for debt service payment due 2-7-97.
(706-02)
Motion carried unanimously.
ITEM 1 (203-04)
VARIANCE 96-10/DEVELOPMENT REVIEW 96-29
APPLICANT: ANTHONY CARR
Staff report by Councilmember of Planning Services Wright-Quastler. This is a
request to construct a 52,874 square foot mini storage complex on a 1.4 acre
parcel at the southwest corner of Golden Way and Poway Road. Golden Way would
be relocated to link up the southerly extension of Olive Tree Lane. A variance
is requested to increase the maximum lot coverage from 35 percent to 40 percent;
decrease the width of the landscaped setback along the south side five feet; and
approve wrought iron fencing rather than a masonry wall along the south side.
Based on concerns expressed by surrounding neighbors, security lighting on the
south and west shall be activated by motion detector. Director of Engineering
Services Weston explained proposed improvements to the drainage by building
earthern berms to direct the run-off. Staff recommends approval.
Speaking in opposition to staff recommendation:
Bob Sherwood, 14260 Garden Road, owner of self-storage on Garden Road
Gary Staebler, 13123 Welton Lane, expressed concern regarding lights and
drainage on to his property.
Michael Lighthall, 14254 Poway Road, Poway Self-Storage, stated this will
impact his business
Speaking in favor of staff recommendation:
Matt Peterson, 530 "B" Street, #2300, San Diego
5997
Page 3 - CITY OF POWAY - Jauary 28, 1997
Councilmember Emery asked if this use has always been allowed on this property.
Councilmember Wright-Quastler stated this it was allowed under the MS zone and
it is allowed under the AGC zone which became effective with the adoption of the
Poway Road Specific Plan.
Staff and Council discussed the need to make any berms "gopher-proof".
Motion by Councilmember Rexford to continue this item to allow the developer time
to meet with the neighbors to assure that their concerns are met. Motion
seconded by Councilmember Emery and failed 2-3 with Mayor Higginson and
Councilmember Cafagna and Goldby voting "no."
Councilmember Cafagna suggested that this could be approved conditioned on staff
working out drainage problems with the developer and the neighbors. Motion by
Councilmember Cafagna, seconded by Councilmember Goldby, to close the public
hearing; issue a mitigated Negative Declaration; and adopt Planning Resolution
No. 97-02, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Variance 96-10 and Development Review 96-29, Assessor's
Parcel Number 323-270-51," amended to require resolution of the drainage
problems. Motion carried 3-2 with Councilmembers Emery and Rexford voting "no."
ITEM 2 (2O3-O2
SPECIFIC PLAN AMENDMENT 84-01GG
TENTATIVE PARCEL MAP 96-04
APPLICANT: W.H. POMERADO, LLC
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to allow waiver of the 40 foot minimum setback from
the right-of-way for parking aisles on low traffic volume, non-collector streets;
amend the minimum lot size for a portion of Lot 90 within the Pomerado Business
Park to allow a one-third acre minimum lot; and subdivide Lot 90 into 5 parcels
at 13325 Danielson Street. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. 97-007, entitled, "A Resolution of the
City Council of the City of Poway, California Approving an Amendment to the South
Poway Specific Plan, Specific Plan Amendment (SPA 84-01GG)" and Resolution No.
P-97-03, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Tentative Parcel Map 96-04, Assessor's Parcel Number 317-
281-07." Motion carried unanimously.
ITEM 3 (1160-04)
ROAD BUMPS ON RIDGEDALE DRIVE
Staff report by Councilmember of Engineering Services Weston.
At resident
5998
Page 4 - CITY OF POWAY - January 28, 1997
request, traffic safety on Ridgedale Drive was reviewed by the Traffic Safety
Committee. Because of low volumes, average residential speeds, and a safe
accident history, the committee approved installation of an additional 25 MPH
sign, continued regular enforcement, use of the radar trailer, and no road bumps
at this time.
Speaking in opposition to staff recommendation:
O.G.Rice, 13139 Ridgedale Drive, stated the speed limit sign is behind a
tree that needs trimming and requested enhanced enforcement because he perceives
a speeding problem.
Council requested the Traffic Safety Committee look at additional striping on the
street and concurred to receive and file the report.
ITEM 1.1 (706-02)
RECOVERY PLAN
COMMUNITY FACILITIES DISTRICT 88-1
City Attorney Eckis stated that he had become aware in the past 72 hours of the
need to add a closed session to this agenda. Motion by Councilmember Cafagna,
seconded by Mayor Higginson, to make the necessary findings that an emergency
exists and add a closed session on existing litigation, Superior Court Case
#672341, City of Poway v. Parkway Business Centre Partners, Ltd. Motion carried
unanimously and the City Council adjourned into closed session at 8:05 p.m.
CALL TO ORDER
Mayor Higginson called the meeting back to order at 8:15 p.m. with all
Councilmembers present.
Staff report by City Manager Bowersox. The specifics of the agreement were
explained at the last meeting. The item was continued for one week and the
Council's concerns in the Owner Participation Agreement were addressed by an
amendment in the agreement. The Agency~'s position in the event of default has
been improved. Staff recommends approval.
Speaking in opposition to staff recommendation:
Chris Cruse, 13734 Utopia
Peggy Collette, 13969 Bernadotte Lane
Richard Ludwig, 12720 Metate Lane
Speakers asked questions regarding the financial implications of the deal and
requested a list of the bond holders. Staff responded to the questions and City
Attorney Eckis stated that the bond ownership records are not public record.
5999
Page 5 - CITY OF POWAY - January 28, 1997
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and take the following actions:
A. Approve the form of the ballot proposition requesting bond owner approval.
Bo
Adopt Resolution No. 97-008, entitled,"Resolution of the City Council of
the City of Poway Approving Expenditures for Public Improvements Pursuant
to an Owner Participation Agreement by and Between the Poway Redevelopment
Agency and McMillin 4S Business Park, Inc. and Making Certain Findings in
Connection therewith."
Co
Adopt Resolution No. 97-009, entitled, "Resolution of the City Council of
the City of Poway Approving the Public Improvement Reimbursement Agreement
by and Between the City of Poway and the Poway Redevelopment Agency and
Making Certain Findings in Connection Therewith."
Motion carried unanimously.
ITEM 4 (701-04)
PROPOSITION 208
Staff report by City Attorney Eckis. The adoption of Proposition 208 will
require amendment of the Poway campaign ordinance. He reviewed the major
provisions, including officeholder funds and requested direction from the City
Council on drafting an ordinance amending the City's campaign ordinance.
Council concurred to leave our prohibition on company contributions, limit or
prohibit officeholder funds, and not adopt a voluntary expenditure ceiling. City
Attorney will prepare the ordinance for Council consideration.
Speaking in favor of the recommended revisions:
Mary Shepardson, 13815 Johannesberg Drive #1, former City Councilmember
CLOSED SESSION
12.
City Attorney Eckis stated it was not necessary to hold the requested
closed session to discuss existing litigation in the case of Poway
Property Owners v. City of Poway, San Diego Superior Court Case No. 698367
since the judge has not reached a decision.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
13.
Councilmember Cafagna stated he and Councilmember Rexford have met with
the auto dealers and requested and received concurrence for staff to
prepare a report regarding a kiosk sign program.
6000
Page 6 - CITY OF POWAY - January 28, 1997
ADJOURNMENT
Mayor Higginson adjourned the meeting at 9:20 p.m. in memory of Bruce McKay, a
member of the Poway Incorporation Committee.
Wahlsten, City Clerk
Y
6001