CC 1997 11-18 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
NOVEMBER 18, 1997
The November 18, 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
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
John Falconer
Penny Riley
Patrick Foley
City Manager
City Clerk
City Attorney
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Principal Planner
Sheriff's Captain
Assistant to the City Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Rexford led the Pledge of Allegiance.
PRESENTATION
Mayor Higginson presented a 10 year service pin to Peter Moote, Deputy Director of
Administrative Services.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The following
persons were present wishing to speak:
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Margaret Lester, 13522 Robley Ranch Road, a member of the Retired Volunteer
Patrol, suggested an administrative fee be charged for issuance of parking citations for
violation of handicapped parking zones.
Rev. Samuel Fosu-Mensah, Box 178695, San Diego, representing End Radio Air
Smut Effectively (ERASE), requested the City Council place the issue of pornography on
the airwaves on the agenda. (1501-07)
Carl Horst, P.O. Box 416, National City, President of the Catholic League, urged the
City Council to take a stand as civic leaders even though he acknowledged they cannot
regulate radio broadcasters.
Anne August, 225 Broadway, Suite 1210, San Diego, representing the Catholic
League, stated the material available on the radio is detrimental to children.
Bill Barnick, 14645 Sunrise Canyon Road, stated Twin Peaks Road between
Community and Pomerado, needs repair. He also protested the City of San Diego's
prohibition of turns on certain streets during certain hours in Mira Mesa.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
Approval of Minutes - City Council:
October 7, 1997 - Regular Meeting
October 14, 1997 - Canceled Regular Meeting
October 21, 1997 - Regular Meeting
11.
Ratification of Warrant Register for periods of October 20-24, and 27-31, 1997.
(401-10)
12. Denial of Claim against the City: Donald J. Gibb.
(704-13)
13.
Adoption of Resolution No. 97-095, entitled, "A Resolution of the City Council of the
City of Poway, California Adopting Through Incorporation by Reference the Fair
Political Practice Commission's Standard Conflict of Interest Code 2 California Code
of Regulations Section 18730 and Rescinding Resolution No. 96-105"; and
Resolution No. 97-096, entitled, "A Resolution of the City council of the City of
Poway, California Approving the Poway Redevelopment Agency's Adoption through
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14.
15.
16.
17.
18.
19.
19.1
19.2
Incorporation by Reference the Fair Political Practices Commission's Standard
Conflict of Interest Code 2 California Code of Regulations Section 18730 and the
Amended List of Designated Positions subject to the Reporting Requirements of the
Agency's Conflict of Interest Code." (704-08)
Adoption of Resolution No. 97-097, entitled, "A Resolution of the City Council of the
City of Poway Finding that Housing Fund Monies Used Outside the Project Area for
Planning and Administrative Costs in FY 1996-97 were of Benefit to the Project
Area," and Resolution No. 97-098, entitled, "A Resolution of the City Council of the
City of Poway Finding that Housing Fund Monies Used Outside the Project Area for
Planning and Administration Costs in FY 1994-95 were of Benefit to the Project
Area." (401-22R)
Approval of Street Lighting, Street Tree and Planter Plan for the Town Center.
(203-21, SP 95-01)
Reallocation of $9,800 in Community Development Block Grant (CDBG) Funds from
the Poinsettia Senior Mobilehome Park Recreation Room ADA Retrofit Project ('1he
Poinsettia Project") to the 23rd-Year ADA Street Access Ramp Project.
(602-01 #1149)
Authorization to escheat certain unclaimed checks and return funds to the General
Fund. (401-06)
Adoption of Planning Resolution No. P-97-63, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit No. 97-
84," for the Holiday Street Fair to be held on December 7, 1997 on Midland Road
between Poway Road and Hilleary Place, Chamber of Commerce, applicant.
(203-07)
Award of bid for 1998 Harley-Davidson motorcycle to Harley's House of Harleys of
Oceanside in the amount of $15,815.47. (601-03)
Allocation of an additional $8,000 in PEG (Public, Educational, Governmental)funds
to increase the conduit size from 2" to 4" as part of the Pomerado Road Widening
Project. (1208-01 )
Acceptance of the Pomerado Road Improvements (Arbolitos Sports Park) Project
from Excavating Engineering Inc. (#1693) (602-01 #1203)
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Motion carded unanimously.
ITEM 1 (203-13)
ENVIRONMENTAL ASSESSMENT
WIDENING ESPOLA ROAD
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox.
Espola Road between Twin Peaks Road and Valle Verde Road is designated as a four-
lane secondary roadway in the Circulation Element of the General Plan, however only
portions of the road have four travel lanes. The proposed project involves the widening of
the north side from Cloudcroft Drive east one mile to approximately 450 feet south of the
Blue Sky Ecological Reserve. The centerline of the road does not change. A portion of this
project is being done by Greystone Homes as a condition of their development. Staff has
completed an environmental initial study to determine if any significant adverse
environmental impacts would occur as a result of the project and staff recommends the
issuance of a Negative Declaration.
Speaking in opposition to staff recommendation:
David Price, 13612 Sagewood Drive, expressed concerns about increased traffic
volume and speed and requested the project be moved to the north and a soundwall be
installed on the south side. His yard backs up to Espola Road in this area.
Council asked staff about the timing of installation of a sound wall in this area. Director of
Engineering Services Weston stated that is not a budgeted project but could be included
at the time the south side is widened.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to close the public
hearing and issue a Negative Declaration for the proposed Espola Road widening.
ITEM 2 (203-02)
TENTATIVE PARCEL MAP 97-09
APPLICANT: SPOONERS MANAGEMENT
Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This
is a request to divide a 3.35 acre property into three parcels at the northeast corner of the
intersection of Crosthwaite Circle and the 13700 block of Stowe Drive in the South Poway
Business Park. Staff recommends approval.
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There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Emery to close the public
hearing and adopt Planning Resolution No. P-97-64, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Tentative Pamel Map 97-09, Assessor's
Pamel Number 317-280-34." Motion carried unanimously.
ITEM 3 (401-30)
CDBG ALLOCATION FOR 1998-99
Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. The
City receives an annual allocation of Community Development Block Grant (CDBG) funds
and staff has prepared a proposal for the use of the 24th year funding. The projects
recommended are affordable housing assistance and referral program ($15,675); CDBG
housing rehabilitation program ($120,000); ADA retrofit for Poinsettia Senior Mobile Home
Park Recreation Building ($41,761); and accessible playground equipment for Community
and Starridge Parks ($39,900).
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing, allocate the $217,336 in funding to the four projects; and authorize the City
Manager to execute contracts with the County of San Diego for management and
implementation of the CDBG projects. Motion carried unanimously.
ITEM 4 (701-04)
ORDINANCE NO. 490/FIRST READING
CONDITIONAL USE PERMIT FOR SEATAINERS
Mayor Higginson opened the public hearing and read the title of Ordinance No. 490, "An
Ordinance of the City of Poway Amending Title 17 of the Poway Municipal Code Requiring
a Minor Conditional Use Permit for the Use of Seatainers for Storage (ZOA 97-12)."
Staff report by City Manager Bowersox. Seatainers which were originally built for use in
shipping goods in container ships have come to be used as storage structures. They are
not attractive and staff recommends that a minor conditional use permit be required for
their use. The ordinance in the agenda packet needs to be amended to add the word
"minor" before "conditional use permit"
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There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna to waive further
reading and continue the public hearing to December 2, 1997 for second reading and
adoption. Motion carried unanimously.
ITEM 5 (602-01 #267R)
OWNER PARTICIPATION AGREEMENT
POWAY PARTNERS LLC
Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The
developers of the Wet'n Wild Water Park, Poway Partners LLC, are required to construct
offsite public improvements to benefit their project as well as surrounding properties. The
Redevelopment Agency has agreed to finance the cost of imprevements which will be
recovered through a reimbursement plan. The cost of the improvements have increased
by $62,500 and requires an amendment to the Owner Participation Agreement and
reimbursement plan. He noted a correction on page 3 of the staff report to delete the
words, "with the exception of Wet'n Wild Water Park."
Speaking in opposition to staff recommendation:
Neville Bothwell, Tech Business Center, 3575 Kenyon Street, San Diego, stated he
does not agree with $25,000 of the improvements being assessed to his project in the
reimbursement plan because of storm drain improvements he has already installed.
(Councilmember Rexford left the room.)
Council, staff and Mr. Bothwell discussed his concerns and a possible compromise.
Motion by Councilmember Goldby, seconded by Councilmember Cafagna to continue this
public hearing to December 2 in order to notify the other preperty owners involved in the
reimbursement plan of a possible change. Motion carried unanimously.
(Councilmember Rex'ford re-entered the meeting.)
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 89-05
ANNUAL REVIEW/CALMAT-POWAY
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Staff report by Director of Planning Services Wright-Quastler. In August, 1991, the City
Council approved Conditional Use Permit/Reclamation Plan 89-05 for CalMat. Poway and
required an annual monitoring report. They have not been operating since 1992, but have
provided written notice that they intend to resume operations by December, 1997. A
complete assessment of conditions will occur by August/September 1998 after a partial
year of operation.
Council concurred to receive and file the report.
ITEM 7 (203-10)
MINOR DEVELOPMENT REVIEW 97-69
APPLICANT: NINA MOJAVER
Staff report by City Manager Bowersox. Staff approved Minor Development Review 97-69
for a 5,760 square foot home at 14923 Huntington Gate Drive. The approval was appealed
by a neighbor, however he has worked out a compromise and the appeal has been
withdrawn.
Motion by Mayor Higginson, seconded by Councilmember Goldby to remove this item from
calendar. Motion carried unanimously.
ITEM 8 (1205-02)
COUNTY SERVICE AREA 135
800 MHZ RADIO SYSTEM
Staff report by City Manager Bowersox. In August, 1993, the City Council approved
inclusion of Poway within a proposed County Service Area to upgrade emergency radio
communication systems to permit all governmental agencies to communicate over an 800
megahertz radio frequency. Poway became Zone F of County Service Area 135 and
assessments were levied in 1995-96 and 1996-97. However, provisions of Proposition
218 make this assessment a special tax and subject to a vote. The County and other cities
in the CSA are proposing a special election in 1998. It was originally proposed to be in
April, but that may change. Council action is recommended to support placement of the
assessments on a ballot for voter approval as a special tax.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Resolution No. 97-099, entitled,"A Resolution of the City Council of the City of Poway
Requesting the Board of Supervisors to Call a Special Tax Election in Zone F of County
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Service Area 135." Motion carried unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis called for a closed session conference with legal counsel to
discuss existing litigation pursuant to Government Code Section 54956.9(a) in the
case of Poway Royal Mobile Home Owners Association v City of Poway, San Diego
Superior Court Case No. 682581.
City Attorney Eckis stated that he had joined the City in an amicus brief in the case
of Milagra Ridge Partners vs City of Pacifica. It involves an approved General Plan
Amendment and subdivision map that was the subject of a successful referendum.
The developer is suing the City for a taking without just compensation.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
23A.
Councilmember Emery asked for and received concurrence to have staff contact
Mr. Howard Nicklin regarding road improvements at the end of Ann-O-Reno Lane
and the possibility of a neighborhood loan program.
23B.
Director of Engineering Services Weston, in response to Councilmember Emery's
query, stated approximately 20% of the pictures taken of red light violations leads
to a citation. The vendor is still trying to adjust the cameras to get a higher success
rate.
24.
Councilmember Goldby asked staff to add an agenda item as requested by Rev.
Samuel Fosu-Mensah.
25A.
Councilmember Rexford stated she had received a letter from the Green Valley
Civic Association regarding the automobile dealer kiosk on Espola Road which has
created a lot of negative response towards the auto dealers.
Ron Enos, 16342 Martincoit, President of the GVCA, stated they had sent a survey
to all North Poway residents and the overwhelming feeling is that this sign is not
appropriate on Espola Road.
Fred Day, Executive Director of the Chamber of Commerce, stated the auto dealers
bring a great deal of revenue to the City and paid for the signs after approval by the
City Council. However, they do not want to create ill will,but he suggested the auto
dealers be allowed to make the decision regarding the sign.
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Following brief discussion, the Council concurred to urge GVCA to take their survey
data to the auto dealers and let them respond.
CLOSED SESSION
Mayor Higginson called for a closed session at 8:35 p.m. as requested by the City
Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:53 p.m. with all Councilmembers
present and adjourned the meeting on motion by Councilmember Emery, seconded by
Councilmember Cafagna.
Marjorie K,. Wahlsten, City Clerk
City of~)~O~way
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