CC 1997 09-16 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
SEPTEMBER 16, 1997
The September 16, 1997, regular meeting of the City Council of the City of Poway,
was called to order at 7:04 p.m., by Mayor Higginson at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Jay Goldby, Betty Rexford, Don Higginson
COUNClLMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Tamara Smith
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Mark Sanchez
Steve Streeter
John Falconer
David Narevsky
Penny Riley
Bob Krans
Lori Peoples
City Manager
City Clerk
Assistant City Attorney
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Safety Services
Principal Planner
Sheriff's Captain
Redevelopment Manager
Assistant to the City Manager
Fire Division Chief
Assistant City Clerk
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
person was present wishing to speak:
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Fred Day, Executive Director of the Chamber of Commerce, reminded those present
that Wednesday, September 17, is "Good Neighbor Day" and three local florists will be
giving away roses between 7 a.m. and noon.
CONSENT CALENDAR
City Manager Bowersox stated that Item 15 is being removed from the agenda.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
12.
Approval of Minutes - City Council:
August 19, 1997 Regular Meeting
August 26, 1997 Regular Meeting
14.
Ratification of Warrant Registers for periods of August 18-22 and 25-29, 1997.
(401-10)
15. Remove from the agenda denial of Claim against the City: Erik Moore. (704-13)
16.
Approval of Agreements for the Use of San Diego Gas & Electric Substation
Property at Twin Peaks Road and Budwin Lane and sublease to Poway Unified
School District. (602-01 #530)
17.
Approval of Removal of Left Turn Restrictions on Bounty Way at Espola Road; and
adoption of Resolution No. 97-077, entitled, "A Resolution of the City Council of the
City of Poway, California Establishing Right Turn Restrictions on Espola Road at
Eden Grove," from 7-7:45 a.m. on school days, buses excepted. (1160-01)
17.1
Adoption of Resolution No. P-97-46, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Minor Development Review 97-43
(Hillside/Ridgeline), Assessor's Parcel Numbers 321-111-18," Kim Stratton, owner;
a request to construct a 3,940 square foot home on a 4 acre site on the north side
of Eucalyptus Heights Road, west of Mina de Oro Road (portion north of Poway
Grade). (203-10)
17.2
Adoption of Resolution No. P-97-47, entitled, "A Resolution of the City Council of
the City of Poway, California, Approving Minor Development Review 97-44
(Hillside/Ridgeline), Assessor's Parcel Numbers 321-111-19," Klm Stratton, owner;
a request to construct a 3,780 square foot home on a 4 acre site on the north side
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of Eucalyptus Heights Road, west of Mina de Oro Road (portion north of Poway
Grade). (203-10)
17.3 Approval of Standard Agreement between the City and Bowron Road Group, Ltd.
to Construct Public Improvements at Park View Terrace. (602-01 #1218)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (701-04)
ORDINANCE NO. 485/FIRST READING
INCREASING COUNCIL COMPENSATION
Mayor Higginson stated since there were television news cameras here because of this
item, he would take it out of order. He opened the public hearing and read the title of
Ordinance No. 485, "An Ordinance of the City of Poway, California, Amending Title 2,
Chapter 2.04 of the Poway Municipal Code by the Amendment of Section 2.04.020 to
Increase the Compensation of the Members of the City Council and the Mayor."
Staff report by City Manager Bowersox. The Budget Review Committee recommended
that the City Council review their compensation level. The current salary is $400 and has
not been changed since 1985. The maximum increase would be $318.34 based on 5%
for each calendar year since the operative date of the last adjustment which was
December, 1986. In addition, staff recommends an additional $300 per month for the
Mayor.
There was no one present wishing to speak.
Mayor Higginson stated he would support the proposal if the Mayor's salary was set equal
to a Councilmember's.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to continue the public
hearing to September 30, 1997 for second reading and adoption of Ordinance No. 485.
Motion carried 4-0 with Councilmember Emery absent.
ITEM 1 (701-04)
ORDINANCE NO. 482/SECOND READING
POWAY RODEO SlGNSANEED ABATEMENT
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Mayor Higginson read the title of Ordinance No. 482, "An Ordinance of the City of Poway,
California, Amending Chapters 17.40 and 8.76 of the Poway Municipal Code Concerning
Signage for the Poway Rodeo, the Appeals Procedure for Weed Abatement and
Incorporating Various Administrative Changes. (ZOA 97-05)." First reading was held on
August 26, 1997.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to waive further
reading, close the public hearing and adopt Ordinance No. 482. Motion carried 4-0 on a
roll call vote, with Councilmember Emery absent,
ITEM 2 (701-04)
ORDINANCE NO. 483/SECOND READING
BODY PIERCING AND TATTOO PARLORS
Mayor Higginson read the title of Ordinance No. 483, "An Ordinance of the City of Poway,
California, Amending Title 17 of the Poway Municipal Code to Establish Regulations for
Body Piercing and Tattoo Parlors." Staff report by City Manager Bowersox. First reading
was held on August 26, 1997 and the City Council agreed to make some of the South
Poway Commercial the only areas where this would be a permitted use. An amendment
to the South Poway Specific Plan will be on the September 23, 1997 City Council agenda
for approval.
Speaking in opposition to staff recommendation:
Rob Sorensen, 13873 Carriage Road, said Poway should not allow these types of
businesses anywhere.
City Manager Bowersox explained that by State law, a City has to provide the opportunity
for lawful businesses to locate. Council and staff feel that these areas are restrictive
enough to protect the community while still giving adequate opportunity to business.
Councilmember Rexford stated that she would disqualify herself from this item because of
the proximity of her home to the South Poway commercial areas.
Motion by Councilmember Cafagna, seconded by Councilmember Goldby to close the
public hearing, waive further reading and adopt Ordinance No. 483. Motion carried 3-0
on a roll call vote with Councilmember Emery absent and Councilmember Rexford
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disqualified.
ITEM 3 (203-11 )
ORDINANCE NO. 484/FIRST READING
HIGH PRESSURE SODIUM LIGHTING
Mayor Higginson read the title of Ordinance No. 484, "An Ordinance of the City of Poway,
California amending Poway Municipal Code Sections 17.08.200 and 17.10.150 to permit
high pressure sodium lighting for safety purposes (ZOA 97-07)." First reading was held
on September 2, 1997.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to close the
public hearing, waive further reading and adopt Ordinance No. 484. Motion carried 4-0
on a roll call vote with Councilmember Emery absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 97-05
VARIANCE 97-07/DEVELOPMENT REVIEW 97-20
APPLICANT: CARL'S JR.
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is a request to construct a 3,050 square foot, drive through, fast food restaurant in the Twin
Peaks Plaza, with a variance to allow the drive through lane to encroach three feet into the
20 foot front yard landscape setback area. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to close the
public hearing; issue a Negative Declaration, and adopt Planning Resolution No. P-97-48,
entitled, "A Resolution of the City Council of the City of Poway, California Approving
Conditional Use Permit 97-05, Variance 97-07, and Development Review 97-20,
Assessor's Parcel Number 314-710-22." Motion carried 4-0 with Councilmember Emery
absent.
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ITEM 6 (203-08)
CONDITIONAL USE PERMIT 88-05M(2)
APPLICANT: GRACE COMMUNITY CHURCH
Mayor Higginson opened the public hearing. Item introduced by City Manager Bowersox.
This is a request to modify Conditional Use Permit 88-05 for Grace Community Church at
13617 Midland Road to allow the playground to be relocated and expanded onto the
recently acquired adjacent property located at 13634 Cynthia Lane.
Staff report by Director of Planning Services Wright-Quastler. Letters expressing concern
regarding noise from the playground were received from properties to the north and east.
An eight foot block wall is being constructed and discussions with these two owners
indicated they are satisfied with this. Late today a letter was received from a neighbor to
the northeast and staff has been unable to reach them and tell them about the block wall.
Speaking in favor of staff recommendation:
Rob Sorensen, 13873 Carriage Road
Kirk Huckabone, 13635 Poinsettia Drive, the school administrator
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing, issue a Mitigated Negative Declaration and adopt Planning Resolution No.
P-97-49, entitled, "A Resolution of the City Council of the City of Poway, California
Approving Conditional Use Permit 88-05M(2), Assessor's Parcel Number 317-122-47, 66
and 28." Motion carried 4-0 with Councilmember Emery absent.
ITEM 7 (203-04)
VARIANCE 97-03
APPLICANT: LINDA I JAMS
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This
is a request to allow the installation of an eight foot high fence when the maximum height
permitted is six feet at 13322 Edina Way. Staff recommends approval.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Goldby to close the public
hearing and adopt Planning Resolution No. P-97-50, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Variance 97-03, Assessor's Parcel
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Number 273-174-04." Motion carried 4-0 with Councilmember Emery absent.
ITEM 8 (401-07)
AMBULANCE SERVICE FEES
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The
current schedule of ambulance service fees was established in 1992 and are currently the
lowest in the County. In the County, the average residential base rate is $403 and the
average non-residential base rate is $528. Poway's is $200 and $350 respectively. In
addition, changes in insurance reimbursements have required some changes in billing
procedures. Staff recommends adoption of a new schedule.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Goldby to close the public
hearing and adopt Resolution No. 97-078, entitled, "A Resolution of the City Council of the
City of Poway, California, Revising the Schedule of Ambulance Service Fees and
Rescinding Resolution No. 92-162." Motion carried 4-0 with Councilmember Emery
absent.
ITEM 9 (1160-01)
ALL-WAY STOP SIGNS
CARRIAGE ROAD AND NEMO STREET
Staff report by City Manager Bowersox. In response to resident requests for reducing
traffic speeds on Carriage Road, south of Starridge Park, the Traffic Safety Committee is
recommending installation of all-way stop signs at Carriage Road and Nemo Streets.
Speaking in favor of staff recommendation:
Jeff Wollrabe, 13502 Carriage Road
David Cataldo, 13625 Carriage Road
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to adopt
Resolution No. 97-079, entitled, "A Resolution of the City Council of the City of Poway,
California, Establishing All-Way Stop Signs at Carriage Road and Nemo Street." Motion
carried 4-0 with Councilmember Emery absent.
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ITEM 10 (1160-01)
YIELD SIGN AT YALI HAl AT MARKAR
Staff report by City Manager Bowersox. In response to resident requests, the Traffic
Safety Committee has determined that the all-way stop at High Valley Road, Markar Road
and Vali Hai Road can be replaced by a yield sign on Vali Hai with the addition of special
curve warning and speed advisory signs.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt
Resolution No. 97-080, entitled, "A Resolution of the City Council of the City of Poway,
California Establishing a Yield Sign on Vali Hai Road at Markar and High Valley Roads and
Rescinding Resolution No. 97-026." Motion carried 4-0 with Councilmember Emery
absent.
ITEM 11 (1170-04)
REGIONAL SOLID WASTE JPA
Staff report by City Manager Bowersox. The City of Poway has been working
cooperatively for several years with other County cities to obtain economical and reliable
solid waste disposal services. The County of San Diego has privati7ed the landfills and the
cities are concerned the total privatization of the system would not ultimately be in the best
interests of the ratepayers. The seven cooperating cities funded a study to explore options
and is recommending that the cities form a Joint Powers Authority to build a trash transfer
station and market approximately 250,000 annual tons of solid waste.
Councilmember Rexford asked if more than the seven cities will join the JPA. City
Manager Bowersox stated that it is likely that several others, with the exception of San
Diego who has its own trash system, will eventually join.
Motion by Mayor Higginson, seconded by Councilmember Rexford to adopt Resolution No.
97-081, entitled,"A Resolution of the City Council of the City of Poway Approving a Joint
Powers Agreement Establishing the Regional Solid Waste Association and Appointing City
Councilmembers as the Representative and Alternate Representative of the City,"
appointing Councilmember Cafagna and Mayor Higginson as representative and altemate;
appropriate $172,850 from the General Fund Reserves of which $63,360 is Poway's
proportionate 1997-98 share; approve contract time extensions for Lin Wurbs Consulting
and Webster and Associates; and direct staff to prepare amendments to the Solid Waste
Ordinance and franchise agreement to permit the JPA expenses and the household
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hazardous waste program to be incorporated into the service fee of the City's franchise
hauler. Motion carried 4-0 with Councilmember Emery absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23.
Councilmember Rexford suggested that glass beverage containers be prohibited
in City parks.
Speaking in favor of the prohibition:
Lani Smith, 13849 Powers Road
Council discussed a total ban on alcohol and concurred that it could be looked at
in the future if the problem persists. They concurred to refer Councilmember Rexford's
suggestion to staff.
24.
Mayor Higginson stated he has placed the discussion of priorities of swim team use
of the Community pool on the agenda because of various calls he has had from
swim team coaches and parents. He stated the pool was originally built for
recreational use, however, since it was built to 50 meter standards it became
popular for swim teams. He served on the original task force that attempted to meet
the needs of both the swim teams and the public. ^ new swim team has formed
and they are requesting additional time in the pool.
The following persons, representing various swim teams, spoke:
Dan Youssi, 13438 Racquet Court, newly-formed Gotta Swim Club
Terrie Youssi, 13438 Racquet Court, coach for Gotta Swim Club
Lea Youssi, 13438 Racquet Court, Gotta Swim Club
Brian Palmer, 12333 Colony Drive, Gotta Swim Club
Bonnie Palmer, 12333 Colony Drive, Gotta Swim Club
Kim Dotson, 14744 Fairtree Terrace, Pacific Swim Club
Mary Sue Stone, 17008 Iron Mountain Road, UPPR Swim Club
Dr. Joyce Denson, 14230 Tierra Bonita, Gotta Swim Club
Rikki Peitchel, 2881 Indian Trail, UPPR Swim Club
Joe Thomas, 12714 Via la Gardenia, Gotta Swim Club
John Gonnerman, 16885 St. Andrews Drive
David Corn, 12638 Tustin Street, UPPR Swim Club
Mark Mugerditchian, 14260 Sand Hill Road, suggested establishing a City-
sponsored swim team
Di Molenaar, 14343 Silverset St., Pacific Swim Club
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John Gleason, 16237 Country Day Road, Blue Fins Swim Club
Speakers for Gotta Swim stated the current priority system was not fair to their club;
other club representatives stated there is a need for the clubs to cooperate and the other
three teams have learned to work together over the years.
Mayor Higginson pointed out that in the past the City Council and staff have tried to look
at all the issues and find a system that was fair to everyone. Council discussed the history
of the team priority system and suggested the City Council needs to determine what the
City's priorities are with the use of the pool.
Following discussion, the Council concurred to ask staff to take all the input from this
meeting and prepare a report for the October 21, 1997 City Council meeting. Items to be
included are the advantages and disadvantages of a single City swim team; a cap on the
number of swim teams allowed to use the pool for training; the number of swimmers
allowed in a lane; use of private (when the pool is closed to the public) time; keeping the
status quo; and using a bid process.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 9:20 p.m. on motion by Councilmember
Rexford, seconded by Councilmember Cafagna.
MarjoCe I~. Wahlsten, City Clerk
City o Pf~ay
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