CC 1997 07-29 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JULY 29, 1997
The July 29, 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 MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Leonard Zuniga
Penny Riley
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
Sheriff's Lieutenant
Assistant to the City Manager
Management Assistant
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
Mayor Higginson read a Certificate of Commendation for the Volunteer Patrol Program
which currently has 23 volunteers contributing an average of 671 hours per month, and
presented it to the several Patrol Members who were present.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There was no
one present wishing to speak.
6124
Page 2 - CITY OF POWAY - July 29, i997
CONSENT CALENDAR
City Manager Bowersox stated that staff is pulling Item 12. Councilmember Emery asked
to pull Item 17.1. Item 14 is being continued to August 12, 1997 at the request of the
applicant.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
Approval of Minutes - City Council
May 27, 1997 - Canceled Meeting
June 3, 1997 - Canceled Meeting
June 10, 1997 - Regular Meeting
June 17, 1997 - Regular Meeting
Ratification of Warrant Register for period of June 30 - July 4, 1997 and July 7 - July
11, 1997. (401-10)
10. Denial of claim against the City: Automobile Club of Southern California. (704-13)
11. Approval of agreement for legal services with McDougal, Love, Eckis & Grindle.
(602-01 #259)
13.
Receive and file report regarding Law Enforcement forfeited property and assets
program showing $6,180.00 received in 1996-97. (401-17)
14.
Continue to August 12, 1997, Minor Development Review 97-36 (Hillside/Ridgeline),
Mr. & Mrs. Mike Cattolico, applicants: request to construct a 3,300 square foot two-
story home and detached 700 square foot shop building at 15706 Boulder Mountain
Road in the Rural Residential C zone. (NOTE: Staff is not recommending approval
of the detached shop building). (Continued from July 15, 1997, Item 10.t'12~3-10)
15.
Authorization to purchase furniture for the new library using the City of Carlsbad's
furniture order. (601-04)
16. Approval of the Metropolitan Sewage System South Bay Subsystem Engineering
Study. (1503-17)
17. Approval of the Metropolitan Sewage System's Dairy Mart Bridge Cost Sharing
Proposal. (1503-17)
17.3 Approval of the following positions on pending legislation: support AB 915 which
6125
Page 3 - CITY OF POWAY - July 29, 1997
would add roller blading to the list of hazardous recreational activities for which
public agencies enjoy limited liability protection; support AB 762 which would require
any person convicted of a first DUI to complete a drug education and counseling
program; support SB 609 which would give the ABC authority to place conditions
on a liquor license at time of transfer; support AB 783 which would require a 15 day
alcoholic beverage license suspension for the first violation involving a sale of
alcohol to a minor; and oppose AB 1615 which would increase the mandatory life
of initial tentative subdivision maps from two to three years and would extend all
existing maps by one year. (701-11)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 479/SECOND READING
DISCHARGE OF WATER SOFTENER BRINE
Mayor Higginson read the title of Ordinance No. 479, "An Ordinance of the City of Poway,
California Rescinding Poway Municipal Code Section 13.05.090, Discharge of Water
Softener Brines Prohibited, and 13.10.060, Regulation of Brine Discharge to Sewage
System, for Industrial Wastewater Pretreatment Program."
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. 479. Motion carded unanimously
on a roll call vote.
ITEM NO. 2A (805-03)
GUIDE TO LANDSCAPE REQUIREMENTS
ITEM NO. 2B (701-04)
ORDINANCE NO. 480/FIRST READING
LANDSCAPING REQUIREMENTS
Mayor Higginson opened the public hearing and read the title of Ordinance No. 480, "An
Ordinance of the City of Poway, California Amending Certain Sections of Title 16
(Subdivision and Other Land Use Regulations) of the Poway Municipal Code (ZOA 97-02)."
Staff report by Director of Planning Services Wdght-Quastler. Staff has updated the City's
Guide to Landscape Requirements which is required by AB 325. Technical changes have
6126
Page 4 - CITY OF POWAY - July 29, 1997
been made to incorporate current landscape industry standards. Other changes include
a greater requirement on the use of Iow volume water systems, the use of reclaimed water
where available, and limiting large areas of turf in non-active use areas. The development
chapter of the Poway Municipal Code has been revised to clarify the need to have
landscape plans approved by the City. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt
Resolution No. 97-069, entitled, '% Resolution of the City Council of the City of Poway,
California, Amending the City of Poway Guide to Landscape Requirements," waive further
reading of Ordinance No. 480 and set second reading for August 12, 1997. Motion carded
unanimously.
ITEM NO. 3 (1110-05)
24 HOUR POTHOLE RESPONSE
Staff report by City Manager Bowersox. Public Services staff has started a new program
to handle citizen pothole complaints whereby they commit to repair them within 24 hours.
Council thanked staff for this program and concurred to receive and file the report.
ITEM 4 (1160-01)
PALISADES DRIVE & ARBOLITOS DRIVE
Staff report by Director of Engineering Services Weston. On January 14, 1997, the City
Council approved three all-way stops in the Palisades/Arbolitos area and requested a six-
month follow-up. Staff recommends no additional action on these streets.
Elaine Flynn, 14138 Arbolitos Drive, thanked the City Council for their assistance. She
stated there is a very noticeable improvement in speed reduction; however a continued
Sheriff's presence is essential.
Council concurred to receive and file the report.
ITEM 5 (1160-01 )
CRESTWOOD AVENUE TRAFFIC CONDITIONS
Staff report by Director of Engineering Services Weston. On January 14, 1997, the City
6127
Page 5 - CITY OF POWAY - July 29, 1997
Council approved two stop signs and parking restrictions in the Crestwood Avenue area.
They requested additional centedine striping, staff evaluation of painted chokers, and a six
month follow-up. In contacting other jurisdictions, staff has learned that painted chokers
are not an effective deterrent for speeding and recommends that no additional action be
taken.
Council concurred to receive and file the report.
ITEM 6 (1110-01)
SCENIC TURNOUT ON SCRIPPS POWAY PARKWAY
Staff report by Director of Engineering Services Weston. During grading of the Scripps
Poway Parkway one section of a fill slope was widened approximately twenty feet when
a surplus of fill material was produced with the intent of making a scenic turnout. The
location will also have a call box and a minimum of 5 parallel parking stalls. Staff
recommends approval of the turnout construction as part of the Parkway construction.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve staff
recommendation. Motion carried unanimously.
ITEM 12 (602-01 #1214)
AWARD OF BID/POMERADO ROAD BIKE LANE
Item introduced by City Manager Bowersox. Staff report by Director of Engineering
Services Weston. A protest was received from the second lowest bidder because of the
amount of subcontracting proposed to be done by the Iow bidder. Staff has researched
and found that the subcontracting equals 48% of the bid, which is below the 50% limitation.
They met with the contractor to be sure they understood the scope of work and determined
that the Iow bidder meets the requirements.
Motion by Councilmember Emery; seconded by Councilmember Rexford to award the
Pomerado Road Bike Lane and overlay project to Castello, Inc. in the amount of
$818,154.50 and waive the mathematical error detected in the bid. Motion carried
unanimously.
ITEM 17.1 (602-01 #1215)
MCGRAW/BALDWIN ARCHITECTS DESIGN
POWAY CENTER FOR THE PERFORMING ARTS
6128
Page 6 - CITY OF POWAY - July 29, 1997
Staff report by City Manager Bowersox. Councilmember Cafagna requested doors from
the lobby to the courtyard of the Performing Arts Center. Improved access to the courtyard
will provide opportunities for social and catered events. A necessary element is the
upgrade to the lighting system in the courtyard. Staff recommends a design contract be
awarded to McGraw/Baldwin Architects for this work.
Councilmember Emery stated he had pulled this from the Consent Calendar to ask about
coordination between this item and his request for beverage service carts.
Director of Community Services Thomas stated that the carts will be in service by the
season opener on September 6.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to approve staff
recommendation. Motion carried unanimously.
ClTY MANAGERITEMS
18.
City Manager Bowersox reported that the developer of the Old Coach Golf Estates
will be shutting down the water service north of Espola Road for 8 hours to tie in
their water system to the Boca Raton reservoir. It will be from 10 p.m. to 6 a.m. on
July 31. Signs have been placed in the neighborhood and the Poway News
Chieftain is publishing a notice. Council requested that the shut-down be delayed
in order for individual notice to be given.
CITY ATTORNEY ITEMS
City Attorney Eckis requested closed sessions to discuss existing litigation in the case of
Poway Land v. City of Poway, San Diego Superior Court Case No. 701895; and Poway
Royal Mobile Home Owners Association v. City of Poway, San Diego Superior Court Case
No. 682581.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23A.
Councilmember Rexford stated she got samples of economic development
newsletters from other cities at the League seminar in Monterey last week and
suggested staff explore doing something similar. Councilmember Cafagna
suggested a section in Poway Today be devoted to economic development.
23B.
Councilmember Rexford asked about updates to the pamphlets regarding planning
fees and procedures. Director of Planning Services Wright-Quastler stated that they
are being done with the help of SANDAG through their local technical assistance
program.
6129
Page 7 - CITY OF POWAY - July 29, 1997
21D.
Councilmember Emery stated his questions regarding the new mobile homes in
Poinsettia Mobile Home Park have been answered. They are scheduled to be
installed the end of August.
21C.
Councilmember Emery stated he had received a letter from residents on Old Espola
Road protesting the name change of the portion of their street off Espola Road to
Chabad Way. The change was made by staff at the request of the Chabad rabbi
and the residents were not notified. He scheduled it for Council discussion and
there were several persons present to speak.
Speaking in favor of leaving the name as Old Espola Road:
Jim Murray, 16947 Old Espola Road
Eileen Murray, 16947 Old Espola Road
Sue McNabb, 16951 Old Espola Road
Martin McNabb, 16951 Old Espola Road
Speaking in favor of the name change to Chabad Way
Bob Doyle, 13449 Whitewater Drive
Rabbi Goldstein, 16934 Chabad Way
Ray Poliakoff, 13334 Calle Colina
Joseph Zaslow, 12865 Oakfield Way
Joe Goetz, 13163 Paseo Del Verano, San Diego, stated he is a
Holocaust survivor and the one who suggested the name change
in memory of his family and others who did not survive the
Holocaust.
Jacqueline Julianelli, 8607 Robleda Court, San Diego
Sue Bodow, 13123 Polvera, San Diego, co-chair of the Chabad building committee
stated they had followed the procedure set out by the City to change the
name.
Sam Hoffman, 16624 Martincoit, President of the Chabad congregation showed
Thomas Bros. maps from 1954 to the present and offered to erect a sign
showing Old Espola Road.
Clifford Schechter, 16334 Avenida Florencia
Council asked staff to explain the process of renaming a street. The procedure that was
distributed before the meeting is for a private read. Director of Planning Services Wright-
Quastler stated that the procedure distributed is used for both public and private. People
whose addresses will be changed are notified. There was no notification in this case
because no addresses were changed except the Chabad's.
6130
Page 8 - CITY OF POWAY - July 29, 1997
Council concurred that dual signage would be appropriate and apologized to the residents
for the lack of communication. Motion by Councilmember Emery, seconded by Mayor
Higginson to appoint a subcommittee of Councilmember Emery and Councilmember
Cafagna to meet with a representative of the residents and the Chabad and staff to work
out a compromise with dual signage, and a recommendation for a revised street naming
policy. Motion carried unanimously.
21B. Councilmember Emery requested his item regarding City's access to the Internet
be continued to the next meeting.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by the City Attorney at 8:45 p.m.
He stated he would not be attending the closed session.
Deputy Mayor Rexford called the meeting back to order at 9:50 p.m. with all
Councilmembers present except Mayor Higginson and adjourned the meeting on motion
by Councilmember Emery, seconded by Councilmember Cafagna.
Marjor!e'l~. Wahlsten, City Clerk
City of PoWay
6131