CC 1998 03-24 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 24, 1998
The March 24, 1998, 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
Mark Sanchez
John Falconer
Penny Riley
Patrick Foley
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
Director of Safety Services
Sheriffs Captain
Assistant to the City Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Goldby led the Pledge of Allegiance.
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 Goldby, seconded by Councilmember Rexford to approve the
Consent Calendar, as follows:
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11.
12.
13.
14.
15.1
Ratification of Warrant Register for period of March 2-6, 1998.
(401-10)
Approval of Minutes - City Council
March 3, 1998 - Regular Meeting
Denial of Claims against the City: A) Alfonso Tumini; B) Victor E. Odicio Jr. and
C) Richard T. Garcia. (704-13)
Receive and file Sheriff's Department Policy on skateboard enforcement and direct
staff to contact local elected representatives to sponsor legislation to require
helmets and safety gear and to place skateboarding enfomement under the
provisions of the California Vehicle Code. (1301-01 )
Approve restructuring of Capital Improvement Division of the Engineering Services
Department. (504-05)
Adoption of Resolution No. P-98-18, entitled, "A Resolution of the City of Poway,
California Approving Minor Development Review 98-07 (Hillside/Ridgeline)
Assessor's Parcel Number 277-020-22"; for a 4,507 square foot, single story
residence on 8.3 acres at 14940 Oak Trail Court; Greg Agee, applicant. (203-10)
Adoption of Resolution No. 98-019, entitled, "A Resolution of the City Council of the
City of Poway, California Ordering the Expansion of Landscape Maintenance
Distdct 86-1 with the Annexation of Portions of APNs 277-170-01-00, 277-170-04-
00, and 277-171-26-00 with Written Consent of Property Owner," Old Coach Golf
Estates Golf Course, Environmental Development Ltd., owner, and allow owner to
maintain the landscaped improvements along Old Coach Road in lieu of
assessments to be collected. (705-09)
Motion carried unanimously.
ITEM 1 (701-04)
ORDINANCE NO. 495/SECOND READING
SIGN REGULATIONS FOR SHOPPING CENTERS
Mayor Higginson read the title of Ordinance No. 495,"An Ordinance of the City of Poway,
California Amending Chapter 17.40 of the Poway Municipal Code Concerning Sign
Regulations for Shopping Centers and Businesses within Centers." He stated he had
been absent from the first reading and would abstain from voting.
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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. 495. Motion carried 4-0
with Mayor Higginson abstaining.
ITEM 2 (203-04)
VARIANCE 98-01
MINOR DEVELOPMENT REVIEW 98-05
APPLICANT: DAVID ALSTRAND
Mayor Higginson opened the public headng. Staff report by City Manager Bowersox. This
is a request to construct a 2,455 square foot, two story residence at 14689 Twin Peaks
Road in the hillside/ridgeline area. The application includes a vadance request to encroach
10 feet into both of the required 20 foot side yard setbacks and to allow a section of a
retaining wall to be eight feet in height when six feet is the maximum permitted.
Speaking regarding the project:
John Kane, 14635 Twin Peaks Road, stated he does not want to grant any
additional easements for access to this property and asked why they do not take access
through Indian Springs Road.
Director of Engineering Services Weston explained the access to the Alstrand property.
Mr. Alstrand owns two parcels and a Minor Development Review was approved for the
eastedy parcel last fall. Both lots have steep slopes and will require extensive grading to
provide acceptable access. Twenty feet is the minimum width to provide fire apparatus
access. If the two lots were merged the access would only have to be twelve feet wide for
the one parcel.
Councilmember Emery expressed concern with granting this type of variance in order to
make the lot buildable.
Mayor Higginson asked about the type of home that could be built if the variance is denied.
City Manager Bowersox stated the smaller footprint would probably create more of a box
appearance.
The applicant, David Alstrand, answered questions from the Councilmembers and stated
this property has been in his family since the 1960s. The two homes are for him and his
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son.
Councilmember Goldby suggested this item be continued in order for Councilmembers to
have the opportunity to visit the site. City Attorney Eckis reminded the Councilmembers
that they could not 9o as a group and cannot hold any discussions outside the public
hearing.
Motion by Councilmember Emery, seconded by Councilmember Goldby to continue this
item to April 14, 1998. The applicant agreed to sign a waiver since the mandatory action
date is March 31, 1998. Motion carried 4-1 with Mayor Higginson voting "no."
(Councilmember Emery left the room.)
ITEM 3 (203-02)
TENTATIVE PARCEL MAP 97-14
APPLICANT: MOHLING-HOYT
Mayor Higginson opened the public hearing. City Manager Bowersox stated the applicant
has requested a continuance to April 14, 1998.
There was no one present wishing to speak.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to continue
consideration of Tentative Parcel Map 97-14 to April 14, 1998. Motion carried 4-0 with
Councilmember Emery out of the room.
(Councilmember Emery re-entered the meeting.)
ITEM 4 (602-01 #59)
LAW ENFORCEMENT CONTRACT
Staff report by City Manager Bowersox. The contract for law enforcement services with
the County of San Diego provides for an annual adjustment based on increases in
employee salaries and benefits. The contract for 1997-98 is $4,250,186.
Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve the
law enfomement services contract for 1997-98. Motion carried unanimously.
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ITEM 5 (1503-02)
BICYCLE STORAGE ENCLOSURES
Staff report by City Manager Bowersox. SANDAG Bicycle Facilities Committee will have
approximately $2,100,000 available this year for bicycle and pedestrian related
improvement programs. The City of Poway is submitting grant requests for $7,656 for
bicycle storage enclosures at Lake Poway and the Community Park.
Motion by Mayor Higginson, seconded by Councilmember Goldby to adopt Resolution No.
98-020, entitled, "A Resolution of the City Council of the City of Poway, California
Requesting Grant Funds through the Transit Development Act and TransNet to Provide
Bicycle Storage Enclosures at Lake Poway Park and the Poway Community Park." Motion
carried unanimously.
ITEM 6 (701-04 #'!,56)
AREAS FOR SECOND DWELLING UNITS
Staff report by City Manager Bowersox. Ordinance No. 456 was adopted to restrict the
construction of second dwelling units to areas where public services are adequate and
requires an annual designation of inappropriate areas. Since the opening of Scripps
Poway Parkway, the level of service (LOS) has improved on Poway Road and the
residential areas between Espola Road and Highway 67 are eligible to submit conditional
use permit applications for second dwelling units.
Motion by Councilmember Rexford, seconded by Councilmember Emery to adopt
Resolution No. 98-021, entitled, "A Resolution of the City Council of the City of Poway,
California Regarding annual Designation of Inappropriate Areas for Second Dwelling Units
in Single Family Residential Zones." Motion carried unanimously.
ITEM 7 (1206-04)
ELECTRONIC BULLETIN BOARD
GOVERNMENTAL ACCESS CHANNEL
Staff report by City Manager Bowersox. On January 8, 1998, the City Council authorized
La Pierre Communication Services to conduct a study for implementation of an electronic
bulletin board to be shown on a public access cable channel. The recommendation is to
appropriate $46,252 from the Public Education and Governmental Fund to implement the
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system, including purchase of equipment, use of a graphic designer for initial set up and
use of interns for maintenance of the system.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve staff's
recommendation to notify the cable companies to activate the City's government access
channel and appropriate the requested funds. Motion carried unanimously.
ITEM 7.1 (705-00)
PROPOSITION 218
LMD ASSESSMENT BALLOTING
Staff report by City Manager Bowersox. This item is continued from the March 12, 1998
workshop when Boyle Engineering made a presentation to the Council regarding their work
to bring the Landscape Maintenance Districts into conformance with Proposition 218
including a re-engineering of LMDs 83-1, 86-2 and 86-3 to remove parcels not receiving
direct benefit from District improvements. The City's general benefit contribution is
proposed to be water. LMD 86-2A and B and 86-3A and B need to have elections to
approve an increased assessment if the level of maintenance is to remain the same.
Council discussed the options if the balloting failed. If the regular assessment setting
procedure is followed concurrently, the assessment can be the same as last year and
maintenance will have to be tdmmed to meet the amount of money generated. Discussion
included using the "all or nothing" approach and if the election fails maintenance stops.
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve staff
recommendation, including using a concurrent process for the LMDs that require elections
to set an assessment equal to last year's. Motion carried unanimously.
ITEM 7.2 (1170-04)
CITY OF SAN DIEGO'S
PROPOSED AB939 FEE
Staff report by City Manager Bowersox. The City of San Diego is proposing a $6.50 per
ton AB939 fee on all trash placed in landfills within their City (Miramar and Sycamore
landfills). The cost to Poway residents would be $200,000 a year for the 33,000 tons per
year placed within the Sycamore Landfill. Staff recommends opposition to this fee and that
this position be strongly conveyed to the San Diego City Council.
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Motion by Councilmember Emery, seconded by Mayor Higginson to approve staff
recommendation. Motion carried unanimously.
CITY MANAGER ITEMS
16.
City Manager Bowersox stated that no additional funds have been expended since
the March 10,1998 status report under the emergency authorization adopted in
Resolution 98-011. However, the winter storms are not over and concurrence is
requested to continue this authorization. Council concurred.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19.
Councilmember Emery requested an item for the March 31, 1998 agenda to discuss
the Pala Indian Nation/State of California Indian Gaming Compact.
22. Mayor Higginson commended staff for all their hard work during the past year.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:05 p.m. on motion by Councilmember Emery,
seconded by Councilmember Rexford.
hlsten, City Clerk
Y
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