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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: 6316 Page 2 - CITY OF POWAY - March 24, 1998 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. 6317 Page 3 - CITY OF POWAY - March 24, 1998 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 6318 Page 4 - CITY OF POWAY - Mamh 24, 1998 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. 6319 Page 5 - CITY OF POWAY - March 24, 1998 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 632O Page 6 - CITY OF POWAY - March 24, 1998 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. 6321 Page 7 - CITY OF POWAY - Mamh 24, 1998 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 6322