CC 1997 06-10 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR HEETING
~UNE 10, 1997
The June 10, 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.
COUNCILHEHBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
STAFF MENBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Steve Streeter
John Falconer
Leonard Zuniga
Penny Riley
Lori Anne Peoples
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
Sheriff's Captain
Sheriff's Lieutenant
Assistant to the City Manager
Assistant City Clerk
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented a plaque to Sheriff's Lieutenant Steve Blackwood.
recognizing exemplary service to the City from September, 1994 to May, 1997. Lt.
Blackwood is retiring.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Rita Cofrancesco, 15332 La Manda Drive, Poway Bocce Club, thanked the City
Council for providing bocce courts at the Community Park. The sport is growing
in Southern California. They currently have 70 members and a waiting list.
Roger Smith, 15910 Cumberland Drive, Italian/American Bocce Club, also
thanked the City Council for the bocce courts.
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Joan Webb, 15422 Harrow Lane, told of an unsatisfactory experience she had
with a Poway business, Dryclean USA.
Linda VanderVeen, 13571 Summit Circle, presented Poway High Grad Nite t-
shirts to the Mayor and Councilmembers and thanked them again for the City's
donation.
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Councilmember Emery to approve the
Consent Calendar, as follows:
Approval of Minutes - City Council: May 6, lg97 - Regular Meeting
May 13, 1997 - Regular Meeting
11. Ratification of Warrant Register for periods of May 5-9, May 12-16, and
May 19-23, 1997. (401-10)
12. Approval of City's Investment Report for period ending April 30, 1997.
(408-01)
13. Denial of claim against the City: A) Georgiana Johnson, B} Walter R.
Stevens. (704-13)
14.
Adoption of Resolution No. 97-036, entitled, UA Resolution of the City
Council of the City of Poway Creating an Alternative Method for Collecting
Sewer Connection Fees for High Volume Sewer Users." {1170-02)
15. Acceptance of Dog Park Fencing Project from West Coast Air Conditioning,
Inc. (#1685). (602-01 #1119)
16. Acceptance of Channel Improvements for Rattlesnake Creek and Rough Grading
for the Poway Library from Signs & Pinnick, Inc. (#5416}. {602-01 #255R)
17.
Adoption of Planning Resolution No. P-97-29, entitled, UA Resolution of
the City Council of the City of Poway, California Approving Temporary Use
Permit 97-27," Chuck Laham, Palomar/Pomerado Health Systems (Pomerado
Hospital), applicant, for a 20th Anniversary Gala Celebration Concert at
Lake Poway on Sunday June 29, 1997, 5 to 9 p.m. (203-07)
18.
Adoption of Planning Resolution No. P-97-30, entitled, UA Resolution of
the City Council of the City of Poway, California, Approving Temporary Use
Permit 97-34," Richard Muir, applicant for a Band Performance in the
former Mega Foods building located at 13630 Poway Road on Saturday, June
14, 1997, 7 to 9 p.m. (203-07)
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18.1 Appropriation of $22,200 from Fund 714 (Public, Educational, and
Governmental - PEG) for upgrades to new Poway Library's Local Area
Network. (1402-02)
18.2
Approval of the following positions on pending legislation: support AB
1055 which would appropriate funds to be used as matching funds for cities
which purchase playground equipment made from recycled materials; and
adopt Resolution No. 97-037, entitled, UA Resolution of The City Council
of the City of Poway, California Opposing the "Government Cost Savings and
Taxpayers Protection Amendment" initiative. {701-11)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 473/SECOND READING
HIGH VOLUME SEWER USERS
Mayor Higginson 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 Users' and an Alternative Method for
Collecting the Connection Fees." This is the second reading of the Ordinance.
Speaking in opposition to adoption:
Richard Ludwig, 12720 Metate Lane, stated he has not received the answers
to the questions he raised on May 20,1997 when this Ordinance had first reading.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing; waive further reading; and adopt Ordinance No. 473. Motion
carried unanimously on a roll call vote.
ITEM 2 (701-04)
ORDINANCE NO. 474/SECOND READING
CAMPAIGN CONTRIBUTIONS AND LIMITATIONS
Mayor Higginson 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 Limitation." This Ordinance
incorporates the provisions of Proposition 208 which was approved by the voters
in November, 1996.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing; waive further reading; and adopt Ordinance No. 474. Motion
carried unanimously.
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ITEM 3 (203-11)
GENERAL PLAN AMENDMENT/ZONE CHANGE 97-01A
APPLICANT: JIM FAABORG
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. This is a request to amend the land use and zoning of
a one acre parcel located at 13131 Golden Way from Residential Single Family-2
to Automotive General Commercial. The applicant, Jim Faaborg, Poway Valley
Collision, wishes to expand his business on to this property which currently has
a single family dwelling. Access to the property is currently from Golde~ Way,
but a condition of development would be relinquishment of these access rights
with all access off Garden Road. Correspondence has been received from
neighboring residents regarding run-off containing oil, noise, and other
potential impacts on their neighborhood if this is approved. Staff recommends
approval.
Councilmember Rexford asked about the allegations of oil run-off. Director of
Planning Services Wright-Quastler stated staff has visited the site and not
observed oil, and County Hazardous Materials representatives have also visited
the site.
Speaking in opposition to staff recommendation:
Katherine Staebler, 13123 Welton Lane, stated she views this property.
Joe Thomas, 13115 Golden Way, lives next door to this property. He
apologized for originally signing Mr. Faaborg's petition and then withdrawing his
name. He has submitted letters for the record expressing his concerns.
Vicki O'Dell, 13161Leaila Lane, stated she used to live next door to an
auto body shop in Santee and she feels there are health risks.
Randy Van Nordheim, 13029 Golden Way
Whilma Thomas, 13115 Golden Way
Lisa Van Nordheim, 13029 Golden Way
Speaking in favor of staff recommendation:
Peter Neild, 12648 Butterwood Court, former owner of the property in
question.
Don Patch, Don Patch Construction, 14005 Midland Road
Jim Faaborg, 14211 Garden Road
Bud Weiderrich, 14103 Poway Road, President of the Chamber of Commerce
Councilmember Emery noted that Mr. Faaborg had talked to his neighbors as
encouraged by the Planning Department and got some positive feedback, however
there is now some opposition and his opinion has always been that property owners
have a right to expect the zoning to remain the same. He could not support
because of the opposition expressed and the incursion into a residential area.
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Councilmember Cafagna stated Mr. Faaborg has operated a business at this location
for several years without complaint. If this is approved he would trust staff
to work with Mr. Faaborg and the neighbors to improve the situation.
Councilmember Goldby made a motion, seconded by Councilmember Cafagna to close
the public hearing, issue a Negative Declaration and adopt Planning Resolution
No. P-g7-038, entitled, "A Resolution of the City Council of the City of Poway,
California approving General Plan Amendment g7-O1A." Motion carried 3-2 with
Councilmembers Emery and Rexford voting "no."
Motion by Councilmember Goldby, seconded by Councilmember Cafagna to read the
title of Ordinance No. 475, "An Ordinance of the City of Poway, California
Changing the Zoning Classification of Certain Property (ZC 97-01}," and waive
further reading. Motion carried unanimously.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna to set the
second reading of Ordinance No. 475 for June 24, 1997. Motion carried 4-1 with
Councilmember Emery voting ~no."
City Attorney Eckis noted that the rezone and General Plan Amendment does not
give Mr. Faaborg a right to develop his property. A Conditional Use Permit will
have to be approved that will contain conditions for development.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 97-04
MINOR DEVELOPMENT REVIEW 97-12
APPLICANT: MICHAEL GRANT
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to allow a second dwelling unit of 1,493 square feet
plus a 820 square foot garage/workshop which meets the City's criteria for second
units, and a main house of 6,725 square feet within a hillside/ridgeline area at
15525 Westview Road, off of Highway 67 and Mina de Oro. Staff recommends
approval.
Speaking in favor of staff recommendation:
Thomas Nodes, 13951 Calvary Road
Michael Grant, 8563 South Slope, Santee
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-97-31, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Conditional Use Permit 97-04/Minor Development Review 97-12
(Hillside/Ridgeline), Assessor's Parcel Number 321-111-21." Motion carried
unanimously.
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ITEM 5 (203-14)
DEVELOPMENT REVIEW 97-14
APPLICANT: GUS BALLAS
Staff report by Director of Planning Services Wright-Quastler. This is a request
to construct a 5,000 square foot plumbing contractor's office and storage
building at 12320 Oak Knoll Road. It is the rear lot of property previously
owned by the City, and the site of the Poway Municipal Water District
administrative office. The owner of the parcel fronting on Oak Knoll, Dr. Paul
Coleman, requested a fence between their properties. Staff has added a condition
for a six foot solid wood fence between the parcels. Staff recommends approval
with that addition.
Dr. Paul Coleman, 12324 Oak Knoll Road, expressed concern about the access road
with fire truck turnaround that is required to be built by the applicant and
maintained through a Road Maintenance Agreement he will be a party to. Director
of Engineering Services Weston stated it will be built to City standards and
inspected.
Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt
Planning Resolution No P-97-32, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Development Review 97-14, Assessor's
Parcel Number 317-151-65." Motion carried unanimously.
ITEM 6 (1503-03)
SAN DIEGO COUNTY WATER AUTHORITY VOTING
Staff report by Director of Public Services Williams. The San Diego County Water
Authority Board of Directors is recommending a change in the voting procedure.
Each member agency is asked to concur. The major change is from representation
based on assessed valuation to the historical all-in financial contribution to
the SDCWA. All voting will be based on a weighted procedure rather than one
person one vote. One of the provisions is allowing proxy voting. City Attorney
Eckis asked if SDCWA counsel advised that proxy voting was legal. Director
Williams stated he did.
The Council concurred they could not support this proposal because of the proxy
issue. Motion by Councilmember Emery, seconded by Councilmember Rexford to not
concur with the proposed changes in the voting procedure. Motion carried
unanimously.
ITEM 7 (704-10)
ILLEGAL ENCAMPMENT STATUS
Staff report by City Manager Bowersox. In 1996, staff removed approximately 3
encampments per month. The public nuisance procedure is used in the abatement
process. The average time for the start to finish process is 45 days.
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Councilmember Rexford suggested that the Sheriff's deputies flying ASTREA
helicopters over the City be requested to look for encampments. She also
requested a quarterly report on staff efforts.
Council concurred to receive and file the report.
ITEM 8 (1170-04)
SOLID WASTE DISPOSAL ALTERNATIVES
Staff report by City Manager Bowersox. The cities of Del Mar, Encinitas,
National City, Poway, Solana Beach and Vista have reviewed the 'Analysis of Solid
Waste Alternatives" report. The preliminary conclusion is that the construction
of a transfer station and marketing of the collective solid waste from the five
North County cities would be economically beneficial to the ratepayers.
Recommendation to each City is that staff be directed to prepare a Joint Powers
Agreement for the purpose of constructing and managing one or more solid waste
transfer stations; start the process of identifying sites; and invite other
cities to participate.
Motion by Mayor Higginson, seconded by Councilmember Rexford to approve staff's
recommendation. Motion carried unanimously.
CITY MANAGER ITEMS
City Manager Bowersox introduced Sheriff's Lt. Leonard Zuniga who is assigned to
the Poway station to replace Lt. Blackwood.
CITY AI-~ORNEY ITEMS
City Attorney Eckis requested a closed session for two items: 1) Conference with
real property negotiator for 5,200 square foot easement on APN 317-473-18.
Negotiators are David Calvert for the owner and Executive Director Bowersox for
the Agency. 2) Conference with legal counsel for existing litigation in the case
of Poway Royal Mobilehome Association v. City of Poway, San Diego Superior Court
Case No. 682581.
MAYOR
22.
24.
25.
AND CITY COUNCIL-INITIATED ITEHS
Councilmember Emery stated he had read a newspaper article regarding a
roller blade park being proposed in South Poway and asked that it be
scheduled for a City Council discussion when all Councilmembers are
present.
Councilmember Rexford thanked Code Compliance Officer Lynn Walker for her
hard work in cleaning up the encampments.
Mayor Higginson announced that Richard Bagdazian is being appointed to the
Performing Arts Advisory Committee as Councilmember Goldby's appointee.
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CLOSED SESSION
Mayor Higginson called for a closed session at 9:15 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNHENT
Mayor Higginson called the meeting back to order with all Councilmembers present
at 10:07 p.m. and adjourned the meeting on motion by Councilmember Emery,
seconded by Councilmember Rexford.
Wahlsten, City Clerk
Y
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