CC 1997 05-20 CITY OF PONAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR HEETING
NAY 20, 1997
The May 20, 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 MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Peggy Stewart
Bob Thomas
Mark Weston
Randy Williams
Warren Sharer
Mark Sanchez
Steve Streeter
Penny Riley
Scott Nespor
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Principal Planner
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PROCLAMATION
Mayor Higginson proclaimed June 20, 1997 as "Pomerado Hospital's 20th
Anniversary" and presented the proclamation to hospital administrator, Dr.
Levenson, who has been administrator for 8 months, but on staff for the entire
20 years.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
Approval of Minutes - City Council:
April 29, 1997 - Regular Meeting
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10.
Ratification of Warrant Register for period of April 28 - May 2, 1997.
(401-10)
11. Denial of claim against the City: Valerie Lake.
(704-13)
12.
Award of Bid for the Pomerado Road Improvements (Arbolitos Sports Park)
from Glen Oak Road to Ted Williams Parkway to Excavating Engineers, Inc.
in the amount of $481,727.B5. (602-01 #1203)
13.
Acceptance of Report of Administrative Action taken on City Council-
Initiated and Public Inquiry Items from March 3 through May 5, 1997.
(701-1o)
14.
Adoption of Resolution No. P-97-25, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Minor Development
Review 97-20 (Hillside/Ridgeline) Assessor's Parcel Number 321-191-18,"
Tony & Tamara Laureti, applicants, to construct a 4,532 square foot home
and an 880 square foot cabana at 14260 Tierra Bonita Road. (203-10)
15.
Adoption of Resolution No. P-97-26, entitled, "A Resolution of the City
Council of the City of Poway, California, Approving Temporary Use Permit
97-25" for the Poway Chamber of Commerce to conduct a Street Fair on
Sunday May 25, 1997 on Midland Road. Between Adrian and Edgemoor Streets
in the Old Poway area. (203-07)
16.
Acceptance of the Tobiasson Road Drainage Improvements from Interwest
Pacific Ltd. (5421) (602-01 #258R)
16.1
Approval of the following positions on pending legislation: support ACA
4 which would place before the voters the return of local property tax
revenues that have been transferred to the state; oppose SB 874, which
makes modifications to existing state and local government force account
limits; and oppose SB 565 which exempts application of local parking
restrictions to a commercial dump truck and transfer units under certain
conditions. {701-11)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 473/FIRST READING
HIGH VOLUME SEWER USERS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
473, "An Ordinance of the City of Poway, California Amending Chapter 13.04, Sewer
Regulations of the Poway Municipal Code Regarding "High Volume Sewer User? and
an Alternative Method for collecting the Connection Fees."
Staff report by City Manager Bowersox. This item had a first reading on April
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22, 1997, but the notice given was defective and it was necessary to re-advertise
for another first reading. The resolution will be brought at second hearing
setting the lease rates and will contain the provisions suggested by
Councilmember Goldby for a variable interest rate.
Speaking to the item:
Richard Ludwig, 12720 Metate Lane, asked several questions about this item
to determine if high volume users will pay lower rates than the general public.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to waive further
reading and continue the public hearing to June 10, 1997 for second reading and
adoption. Motion carried unanimously.
ITEM 3 (203-24)
MINOR CONDITIONAL USE PERMIT 97-02
APPLICANT: GTE MOBILNET
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a cellular telecommunications facility
at 14264 Tierra Bonita Road, at the top of Kent hill on property already occupied
by an AirTouch Cellular facility. AirTouch sent a letter opposed to the location
of GTE's facility because of physical obstruction. Staff has distributed a
revised condition stating, "If technical interference with the existing
telecommunication facility on the site is documented to show measurable impact,
a revised site plan shall be submitted to the satisfaction of the Director of
Planning Services prior to building permit issuance."
Speaking in favor of staff recommendation:
Larry Doherty, 6925 Lusk Blvd, San Diego, Regional real estate manager for
GTE. He stated they are in favor of the revision, but have not received any
information from AirTouch to substantiate their claim of interference.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing, adopt a Negative Declaration, and adopt Planning Resolution No.
P-97-27, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Minor Conditional Use Permit 97-02, Assessor's Parcel Number
32-191-23," as amended by staff.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 97-03
DEVELOPMENT REVIEW 97-12
APPLICANT: SKS POWAY CARD LOCK
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a commercial fuel distribution business selling
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gasoline and diesel with stand alone units that operate on an unattended basis
24 hours per day, 7 days per week, located in the South Poway Business Park at
the northeast corner of Danielson Street and Blaisdell Place. Staff recommends
approval.
Speaking in opposition to staff recommendation:
Richard Ludwig, 12720 Metate Lane
Councilmember Goldby stated he had been concerned about impact on existing
service stations, but has learned that this is wholesale fuel sales that will be
a benefit to the businesses in the business park, as well as a sales tax
generator and not in competition with other service stations.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-97-28, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Conditional Use Permit 97-03 and Development Review 97-12." Motion carried
unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 474/FIRST READING
CAMPAIGN CONTRIBUTIONS AND LIMITATIONS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
474, "An Ordinance of the City Council of the City of Poway, California Revising
Chapter 2.28 of the Poway Municipal Code Concerning Campaign Contributions and
Limitations."
Staff report by City Attorney Eckis. On January 28, lg27, the City Council
discussed the effect of Proposition 208 on the City's current campaign ordinance
and gave direction to the City Attorney on revisions. He reviewed the proposed
changes which will reduce duplication with the Political Reform Act; apply to the
candidate portion of recalls but not the whether or not to recall portion;
conform to Proposition 208 regarding distribution of surplus funds; prohibit
officeholder accounts; increase the penalties; and provide immunity to the City
Clerk, City Attorney and other officials giving advice as part of their
employment.
Councilmember Goldby asked City Attorney Eckis to review the pros and co~s of
officeholder accounts and contributions from businesses and organizations. City
Attorney Eckis stated that officeholder accounts were proposed to help
officeholders meet expenses of holding office without spending public or personal
funds. It can give an officeholder an unfair advantage in an election since the
funds can be used for communicating with the public and other people wanting to
run for office are precluded from raising any funds until six months before the
election. As far as business contributions, the prohibition prevents persons
from making two contributions, one in the name of their business and one as an
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individual, but since he was not with the City when the original ordinance was
written, he does not know what deliberation went into that decision.
Councilmember Cafagna stated that after being through a recall campaign, he feels
it is a reasonable restriction. For example, he has 15 corporations he could
contribute under. Mayor Higginson stated it helps level the playing field so the
average person can compete against an incumbent.
Motion by Councilmember Emery, seconded by Councilmember Rexford to waive further
reading and continue the public hearing to June 10, 1997. Motion carried
unanimously.
ITEM 6 (202-01)
CITY COUNCIL GOALS & OBJECTIVES
Staff report by City Manager Bowersox. Annually, the City Council reviews the
status of the Goals and Objectives established from the current fiscal y~ar to
begin developing Goals and Objectives for inclusion in the upcoming fiscal year's
financial plan. A workshop will be held in August to present Goals & Objectives
for inclusion in the 1997-99 financial plan.
Councilmember Emery asked that public improvements on the west side of Pomerado
Road be evaluated. Councilmember Goldby requested that the City Council
prioritize the items and allow public input. Mayor Higginson suggested we could
then do a "reality check" on funding available.
Council concurred with staff's recommendation to receive and file the report and
request a workshop in August for 1997-99 goals.
ITEM 7 (1401-01)
WEINGART CENTER NEEDS ASSESSMENT
Staff report by City Manager Bowersox. The Poway Valley Senior Citizens, Inc.
appeared before the City Council earlier this year regarding an assessment of
their services in light of dwindling resources. They received the assistance of
Barbara Krueger and Associates and Age Wave Communications to conduct 243
interviews within the community about perceptions of the center, the center's
value to the community, and viewpoints on the purpose of a senior center.. The
Board desires to undertake a comprehensive needs assessment to guide the Board
in prioritizing and planning for future services to be offered. The cost is
estimated to be $10,000. Staff recommends that we commit to assist in funding
such an assessment.
Speaking in favor of staff recommendation:
Elaine Jeter, 17834 Villamoura Drive, stated she has been on the PVSC Board
for 8 years. She suggested several solutions to their problems, including the
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City funding the unreimbursed portion of Poway residents' use of the senior
lunch program, and the outreach program.
Councilmember Emery asked about feeding persons who are not residents of Poway.
Connie Brock, Executive Director of PVSC, stated that the funding comes
from the Area Agency on Aging and they designate areas of service. PVSC's is
Scripps Ranch, Rancho Penasquitos and the southern area of Rancho Bernardo, along
with Poway.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna to commit to
assist in the funding of a senior needs assessment and direct staff to bring back
a scope of work and cost for Council consideration. Motion carried unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session to discuss existing litigation,
Poway Royal Mobile Home Owners Association v. City of Poway, San Diego Superior
Court Case No. 682581.
City Attorney Eckis commended Penny Riley, Assistant to the City Manager, for the
work she has done with the educational program on Proposition A.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
20.
Councilmember Emery suggested staff look at portable beverage carts like
they use at the Escondido Performing Arts Center for use at our Performing
Arts Center.
21.
Councilmember Goldby commended Chamber of Commerce member Esther Handley
for the new Poway Restaurant Guide she has produced.
Councilmember Goldby stated we need a written policy of our position on
regional growth. He does not agree that San Diego needs to become another
Los Angles.
22.
Councilmember Rexford expressed her concern regarding illegal encampments
in the City, particularly since the fire season has started. Staff will
prepare a status report on camps cleaned up and the process staff uses.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session as requested by City
Attorney Eckis at 9:15 p.m.
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Page 7 - CITY OF POWAY - May 20, 1997
CALL TO ORDER AND ADJOURNHENT
Mayor Higginson called the meeting back to order at 10:40 p.m. with all
Councilmembers present and adjourned the meeting on motion by Councilmember
Emery, seconded by Councilmember Rexford.
M~rjorie K. Wahlst~n, City Clerk
C~ty of Poway
6081