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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 6075 Page 2 - CITY OF POWAY - May 20, 1997 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 6O76 Page 3 - CITY OF POWAY - May 20, 1997 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 6077 Page 4 - CITY OF POWAY - May 20, lg27 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 6078 Page 5 - CITY OF POWAY - May 20, 1997 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 6O79 Page 6 - CITY OF POWAY - May 20, lgg7 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. 608O 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