CC 1997 03-04CITY OF POWAY, CALIFORNIA
#INUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 4, 1997
The March 4, 1997, 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.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF MEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
John Falconer
Penny Riley
David Narevsky
Peter Moote
Scott Nespor
City Manager
City Clerk
City Attorney
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
Sheriff's Captain
Assistant to the City Manager
Redevelopment Manager
Deputy Dir. of Administrative Services
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented a badge and certificate of completion to Bill Seitz,
Volunteer Park Ranger.
PUBLIC ORAL COHHUNICATZONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following people were present wishing to speak:
Edward Gladys, 12813 Rick Street, requested a street light be installed at the
intersection of Rick Street and Metate Lane and presented a petition.
Richard Ludwig, Vice President of the Southwest Poway Homeowners Association,
supported Mr. Gladys' request for a street light. He stated a new light had
recently been installed on Metate Lane but it is ineffective.
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Council directed staff to report back on this request.
CONSENT CALENDAR
Mayor Higginson stated that Items 11.1 and 11.2 were pulled from the Consent
Calendar by Councilmembers.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
0
Approval of Minutes - City Council
February 4, lg97, Regular Meeting
Ratification of Warrant Register for period of February 10 - 14, 1997.
(401-10)
o
Denial of claims against the City: A) Barney Hogan; B) Douglas J. Webb
(704-13)
Authorize the Acquisition of APN 314-214-02 located on the east side of
Community Road, north of the Olive Meadows and Community Road intersection
for creek maintenance access; and appropriate $17,500 from the drainage
fund, plus one-half of the closing costs. (1002-01)
10.
Adoption of Resolution No. 97-015, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Summary Vacation of Clearview
Road, Ridgecrest Road and Westview Road within City of Poway Tentative
Parcel Map 91-11, Parcel Map 17458 (Vacation 97-01)," located north of
Poway Road, west of Eucalyptus Heights Road. (1002-06)
11.
Continued to March 11, 1997 the approval of Final Map for Parkway Business
Centre, Unit II, TM-87-13 and a Resolution annexing the property into
Landscape Maintenance District 87-1, and clarification of the status of
project conditions. (203-01)
Motion carried unanimously.
ITEM 1 (203-24)
MINOR CONDITIONAL USE PERMIT 96-06
APPLICANT: HENRY ROSE
Mayor Higginson noted this public hearing was continued from February 25, 1997.
Staff report by Director of Planning Services Wright-Quastler. This is a request
to operate a vehicle repossession business at 13977 Poway Road. This business
operated in the South Poway Business park for 4 years and has been at this
location for 18 months. The property is split zoned with commercial on the Poway
Road frontage and residential on the south. The business is conducted on the
commercial portion only. Vehicle repair is not done on the property. Vehicles
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are brought in by tow truck and then taken by multi-car transport to the auto
auction. Conditions imposed include installation of dense landscaping on the
east and south, putting slats in the existing chain link fence for screening, and
requiring the auto transports to park on Olive Tree Lane. The cars will be
driven across Poway Road to this location for pickup. Staff recommends approval.
Speaking in opposition to staff recommendation:
James Edmonds, 13967 Chancellor Way, stated there is barbed wire on top of
the chain link fence and is unsightly.
Director of Planning Services Wright-Quastler stated that barbed wire is
permitted.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to close the public
hearing; issue a Negative Declaration; and adopt Planning Resolution No. P-g7-07,
entitled, 'A Resolution of the City Council of the City of Poway, California
Approving Minor Conditional Use Permit 96-06, Assessor's Parcel Number 323-262-
01." Motion carried unanimously.
ITEM 2 (203-02)
TENTATIVE PARCEL MAP 97-01
APPLICANT: SYSCO FOOD SERVICES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to merge seven lots of Tentative Tract Map 85-04,
Unit 2, into one 40-acre parcel at the southwest corner of Scripps Poway Parkway
and Kirkham Court, and to vacate the public street known as Parnell Court. Staff
recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-g7-08, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Tentative Parcel Map 97-01, Assessor's Parcel Number 317-270-33 through 39.'
Motion carried unanimously.
ITEM 3 (602-01 #862)
EXTENSION OF STANDARD AGREEMENT
TENTATIVE MAP 4191-gR/STANDARD PACIFIC
Staff report by City Manager Bowersox. As a condition of approving the final map
for Tentative Map 4191-9R in Rancho Arbolitos, Standard Pacific was required to
enter into a Standard Agreement for Public Improvements to ensure completion of
improvements within two years. The Standard Agreement expired in March, lgg3 and
the improvements have not been completed. Neighbors adjacent to Sagecrest Drive
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have been complaining about the erosion. Rather than begin the proceedings to
find Standard Pacific in default, staff is recommending that the City Council
approve an extension until July 15, 1997. We have received a letter from
Standard Pacific stating their intention to complete the work.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve a
time extension to July 15, 1997 for Standard Agreement for Tentative Map 41gl-gR.
Motion carried unanimously.
ITEM 4 (205-04)
)996-97 HID-YEAR BUDGET ADJUSTMENTS
Staff report by City Manager Bowersox. The 1996-97 General Fund budget had
revenues exceeding expenditures by $102,650. Staff is projecting that the year
will close with a General Fund surplus of $223,587 due to increases in
development fee revenues and property and sales tax revenue. Staff recommends
adoption of Resolution approving the mid-year budget amendments.
Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt
Resolution No. 97-016, entitled, UA Resolution of the City Council of the City
of Poway, California Approving Midyear Budget Adjustments for Fiscal Year 1996-
lggT.H Motion carried unanimously.
ITEM 4.1 (1180-08)
1996 BUSINESS SURVEY RESULTS
Staff report by Director of Planning Services Wright-Quastler. The City Council
contracted with SANDAG to conduct a business survey last year. In July, the
questions were approved and SANDAG mailed to 1,051 business in September. 266
businesses, or 25%, responded. She reviewed the major findings and recommended
the City Council receive and file the report.
Councilmember Goldby suggested, and the Council concurred, that the Economic
Development Committee of Councilmembers Cafagna and Rexford come up with some
recommended actions based on this information.
Council concurred to receive and file the report.
ITEM 11.1 (203-07)
TEMPORARY USE PERMIT 97-09
CIRCUS VARGAS
This item was pulled from the Consent Calendar by Councilmember Emery. Staff
report by Director of Planning Services Wright-Quastler. The original
recommendation was to approve a temporary use permit for Circus Vargas to use the
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east parking lot of Wal-Mart; howeverthey have determined the site is not large
enough and staff is recommending this item be continued one week in order for
them to obtain a site in the South Poway Business Park.
Councilmember Rexford stated the report refers to a letter of reference from the
U.S. Department of Agriculture regarding the animals they use. She inquired at
the Planning Department and they do not have the letter.
Richard Ludwig, 12720 Metate Lane, spoke in opposition to the use of the Wal-Mart
parking lot for the circus.
Motion by Mayor Higginson, seconded by Councilmember Cafagna, to continue this
item to March 11, 1997. Motion carried unanimously.
ITEM 11.2 (701-11)
PENDING LEGISLATION
This item was pulled from the Consent Calendar by Councilmember Goldby. He
requested that individual votes be taken on the various pieces of legislation.
Motion by Mayor Higginson, seconded by Councilmember Emery to oppose SB 147 that
will require all public agencies to submit every capital financing transaction
to a referendum of the voters, even those involving no new or increased taxes,
assessments, or fees. Motion carried unanimously
Motion by Mayor Higginson, seconded by Councilmember Emery to support AB 77 that
will provide an income tax credit to each homeowner who replaces a wood shake
roof with a new roof composed of fire resistant materials. Motion carried 4-1
with Councilmember Goldby voting Uno."
Motion by Mayor Higginson, seconded by Councilmember Emery to support AB 108 that
will provide low interest loans to homeowners who replace a wood shake roof with
a new roof composed of fire resistant materials. Motion carried 4-1 with
Councilmember Goldby voting "no."
CITY AI"rORNEY ITEMS
13.
City Attorney Eckis stated he was requesting the City Council add a closed
session to the agenda as an emergency item since the need to take action
arose during the last 72 hours. Motion by Mayor Higginson, seconded by
Councilmember Cafagna to add a closed session regarding pending
litigation, Poway Royal Homeowners Association v. City of Poway, San
Diego Superior Court Case No. 682581. Motion carried unanimously.
MAYOR ANO CITY COUNCIL-INITIATED ITEMS
14.
Councilmember Cafagna suggested that one of the windows shot out at the
Performing Arts Center be replaced with doors in order to have better
access to the patio area. Staff will look into it.
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15. Councilmember Emery requested the zoning maps be put back up in the
Council Chambers.
16.
Councilmember Goldby congratulated staff on the good audit and stated the
City needs to do a better job of getting the news out about the good
things the City does.
17.
Councilmember Rexford stated she read in the paper about the rebate the
City is getting back from the San Diego County Water Authority and asked
what happens to this money. City Manager Bowersox stated it goes back
into the Water Fund.
CLOSED SESSION
Mayor Higginson called for a closed session at 8:05 p.m. as added to the agenda
by action of the City Council.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at g:18 p.m. with all
Councilmembers present. The City Attorney reported that during closed session
the City Council instructed him to file a writ of mandate with the Fourth
District Court of Appeals in the Poway Royal case.
Mayor Higginson adjourned the meeting at 9:20 p.m. in memory of Orval Hill who
died today. Orval was very active in the community in the lg70s and lgSOs and
attended many City Council meetings. The City Attorney and City Councilmembers
added their condolences and stated they had been proud to have known Orval.
MarjCri~ K. Wahlsten, City Clerk
City k~.~Poway
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