Item 12 - Approval of Minutes
AGENDA REPORT SUMMARY
T(): Honorable Mayor and Members of the City Council
FR()~: J...s l. Bowersox, City Man~
INITIATED BY: JaM D. Fitch, Assistant City Managerqit
Marjorie K. Wahlsten, City Clerk ~v..
DATE:
dune 6, 1995
,-,'
SUBJEcr:
Approval of Minutes
ABSTRAcr
The Minutes of the May 2 and 9, 1995 regular meetings have been prepared and are
attached for your approval.
ENVIRONMENTAL REVIEW
Environmental review is not required according to CEQA guidelines.
FISCAL IMPAcr
None
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the Council approve the minutes of the Poway City Council
meetings of May 2 and 9, 1995
ACTION
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JUN 6 1995 ITEM 12 ..
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MAY 2, 1995
The May 2, 1995, 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
Susan Callery, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Mickey Cafagna, Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Wi 11 i ams
Warren Shafer
Mark Sanchez
Jim Bentz
Jim Mannack
Penny Ri 1 ey
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Community Services Manager
Sheriff's Captain
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Frank Go1dsmith, 13027 Avenida la Valencia, representing the Clean
Foundation, stated he would not be able to attend the City Council meeting
next Tuesday and wanted to state hi s support for the proposed tobacco
ordinance.
Janet Shiba, President of the Poway Valley Senior Citizens, thanked the
City Council for their help in getting the senior center addition started.
5489
JUN 6 1995 ITEM 12 . I
Page 2 - CITY OF POWAY - May 2, 1995
CONSENT CAL -
Motion by Counc:l1l11!l11ber Callery, seconded by Council member Rexford to approve the
Consent Calendar as fo11ows:
14. Ratification of Warrant Register for period of April 10-14, 1995(401-10)
15. Receive and file Community Swim Center Quarterly Report (December, 1994-
March, 1995). (1401-01)
16. Adoption of Resolution No. P-95-22, entitled, "A Resolution of the City
Council of the City of Poway, California apprOVing Temporary Use Permit
95-13,. Ranchos Cycling Club/Alan Tragarz, applicant, for a bicycle race
to be held in the South Poway Business Park on Sunday, May 14, 1995.
(203-07)
17. Appropriation of SI,OOO for a contribution to Cities for Restoring Direct
Allocation of Motor Vehicle Leasing Tax Revenue. (11BO-05)
18. Approval of the following positions on pending legislation: oppose SB 27
and SB 14XX which prohibit specific investment securities; oppose SB 44
and SB 13XX which prohibit a local agency from delegating investment
authority to a treasurer for more than one year at a time; support SB 117
and 58 564 which require a local agency treasurer to file an annual
investment policy with the legislative body; support 58 861 which provides
that local agencies and their treasurers are trustees and fiduciaries;
support 58 864 which requires the County treasurer to prepare an annual
investment policy and requires a County treasury oversight committee to
review the report; support 58 866, which prohibits investments from
exceeding the term of tax anticipation warrants, revenue anticipation
notes and grant anticipation notes; support 58 867 which would limit the
investment in repurchase and reverse repurchase agreements to terms that
do not exceed one year; support 58 868 which would prohibit local agencies
from investing money in any security that could result in zero interest
accrual periods; oppose A8 1865 and ACA 24 which will permit voters to
require a public agency to seek voter approval before expending public
funds to bring legal action regarding items approved at a statewide
election; oppose A8 1392 which specifies that where plans have been
prepared for bidding a public project that is later done by in-house labor
the work be performed in strict conformance to the prepared plans; and
oppose 58 1073 which would increase the Department of Housing and
Community Development's authority over housing elements. (701-11)
Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
5490
JUN 6 1995 ITEM 12
Page 3 - CITY OF POWAY - May 2, 1995
ITEM 4 (701-04)
ORDINANCE 445/SECOND READING
ROOF-MOUNTED SATEllITE DISHES
Mayor Higginson read the title of Ordinance No. 445, "An Ordinance of the City
of Poway, California, Amending Chapter 17.3~of Title 17 of the Poway Municipal
Code to allow Facia and Roof Mounted Satellite Dishes in Residential lones
Subject to Standards (lOA 94-04)." Staff report by City Manager Bowersox. Staff
is recommending the words "ground mounted" be eliminated from subsection H, to
read, "All satellite dish antennas in residential zones, regardless of height and
di ameter, shall be screened from the vi ew of adjacent or across the street
properties by the use of an architectural feature, fencing, and/or landscaping."
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Mayor Higginson to close the public
hearing, waive further reading, and adopt Ordinance No. 445. Motion carried 3-0
on a roll call vote, with Councilmembers Cafagna and Emery absent.
ITEM 5 (203-02)
TENTATIVE PARCEL HAP 95-02
APPLICANT: POMERADO MEDICAL CENTER
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. This is a request to convert the existing medical office complex at
15525 Pomerado Road, one block south of Pomerado Hospital, to office
condominiums. Staff recommends approval.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Callery to close the public
hearing and adopt Planning Resolution No. P-95-23, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Tentative Parcel Map 95-
02 and Waiving Final Parcel Map Requirements, Assessor's Parcel Number 275-460-
49, 50." Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 6 (101-04)
ORDINANCE NO. 446/FIRST READING
MOBILE HOME INSPECTIONS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
446, "An Ordinance of the City of Poway, Cal ifornia, Adding Chapter 15.2B to the
poway Municipal Code Adopting Certain Provisions of Title 25 of the California
Code of Regulations Relating to Mobile Home Inspections, Except Fee and Penalty
Provisions, Pertaining to the Construction, Use, Maintenance, and Occupancy of
Mobile Homes."
5491
JUN 6 1995 ITEM 12
Page 4 - CITY OF POWAY - May 2, 1995
Staff report b1 City Manager Bowersox. The State Department of Housing and
Community Dev.l....nt generally has jurisdiction over all mobile home parks in
the State, however they are taking a position that they will not provide
inspection services to parks owned by a public agency. The City Attorney has
reviewed the State's legal position and feels it does not merit a legal
challenge. In order to provide the necessary .inspection services, staff proposes
that Esgil Corporation, the City's designated Building Official, perform the
inspect ions. It is necessary to adopt standards used by HCD for these
inspections.
There was no one present wishing to speak.
Mot i on by Council member Call ery, seconded by Council member Rexford to wai ve
further read i ng and cont i nue the pub 1 i c heari ng to May 23, 1995 for second
reading. Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 7 (402-05)
FEES FOR MOBILE HOME INSPECTION SERVICES
AMENDMENT TO ESGIL CORPORATION'S CONTRACT
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. As a result of HCD's refusal to perform mobile home inspections in the
parks owned by the Redevelopment Agency and managed by the City it is necessary
to amend the contract with Esgil Corporation, the City's Building Official, to
perform the inspections and adopt a fee schedule.
Speaking in opposition to staff recommendation:
Louis Conrad, Amstar Homes, Inc., 13071 Poway Road, stated the proposed
fees are too high and there is a retired State mobile home inspector
available to do this work at a lower price.
Director of Redevelopment Services Shafer stated that cities doing their own
inspections can only charge what HCD charges.
Motion by Mayor Higginson, seconded by Councilmember Rexford to close the public
hearing and adopt Resolution No. 95-023 entitled, "A Resolution of the City
Council of the City of Poway, California Establishing Mobile Home Permit and
Inspection Fees,' and authorize the City Manager to sign the addendum to Esgil
Corporation's contract. Motion carried 3-0 with Council members Cafagna and Emery
absent.
ITEM 8 (1504-21)
COUNTY OF SAN DIEGO'S HOMELESS SHELTER
Staff report by City Manager Bowersox. On February 4, 1995, the San DieGo Union
Tribune printed an article concerning the Sheriff's substation that included an
5492
JUN 6 1995 ITEM 12
Page 5 - CITY OF POWAY - May 2, 1995
unrelated stat-l lit that the San Diego County Board of supervisors is considering
the County-~ transit facility at the southwest corner of Pomerado and Oak
Knoll Roads as a possible location for a homeless shelter. Staff has determined
that County Social Services is mandated to revi ew each site on the County's
surplus property list to determine if it could be used as a homeless shelter and
after a cursory review they put it on the list as suitable, however there are no
plans to construct such a shelter.
Council concurred to receive and file this report.
ITEM 9 (203-14)
DEVELOPMENT REVIEW 95-04
APPLICANT: LESTER WIEDERRICH
Staff report by City Manager Bowersox. This is a request to construct a 2,495
square foot medical office complex to replace the existing 1,697 square foot
building at 14103 Poway Road, the southeast corner of Poway Road and Welton Lane.
Staff recommends approval.
Speaking in favor of staff recommendation:
Lester Wiederrich, 14103 Poway Road
Councilmember Callery stated she is not sure she agrees with the post-modern
architecture but that will be discussed with the Poway Road Specific Plan.
Motion by Council member Callery, seconded by Council member Rexford to adopt
Planning Resolution No. P-95-24, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Development Review 95-04, Assessor's
Parcel Number 323-270-16." Motion carried 3-0 with Councilmembers Cafagna and
Emery absent.
ITEM 10 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 11 (705-09)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 12 (705-11)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 13 (70S-12)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-3
5493
JUN 6 1995 ITEM 12
Page 6 - CITY OF POWAY - May 2, 1995
Staff report by Ci ty Manager Bowersox. Staff has prepared Resol ut ions of
Intention setting public hearings for four landscape maintenance districts to
levy and collect assessments for 1995-96.
Motion by Councilmember Callery, seconded by Councilmember Rexford to take the
following actions:
Adopt Resolution No. 95-024, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 83-1 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of S188.48 per year in
Zone A and S255.34 per year in Zone 8, and setting public hearings for May 23 and
June 27, 1995.
Adopt Resolution No. 95-025, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-1 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of S261_00 per year in
Zone A and no assessment in Zone B, and setting public hearings for May 23 and
June 27, 1995.
Adopt Resolution No. 95-026, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-2 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of S186.16 per year in
Zone A and S240.90 per year in Zone B, and setting public hearing for June 27,
1995.
Adopt Resolution No. 95-027, entitled, "A Resolution of the City Council of the
City of Poway, Cal ifornia Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-3 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of S163.00 per year in
Zone A and Sl13.80 per year in Zone B, and setting public hearings for May 23 and
June 27, 1995.
Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 13.1 (203-08)
CONDITIONAL USE PERMIT/REHEARING REQUEST
CHABAB OF POlIAY
APPLICANT: SUSAN MCNABB
Staff report by City Manager Bowersox. The City Council approved Conditional Use
Permit 86-08M, Development Review 95-05 and Variance 95-03 for Chabad of Poway
at Espola Road and Old Espola Road on April IB, 1995. The Notice of Publ ic
Hearing was defective and did not include the variance. The neighbors have filed
a written request for a rehearing. Staff recommends the City Council rehear the
variance only.
5494
JUN 6 1995 ITEM 12 ,t
Page 7 - CITY OF POWAY - May 2, 1995
Martia.~, 16951 Old Espola Road, requested that the entire matter be
reheard, not.JIIt the variance.
Rabbi G01dstein, 16934 Old Espola Road, requested that only the variance
be reheard.
Councilmember Callery indicated a preference to rehear the entire matter and
Mayor Higginson stated only the variance was defective. Since there were only
three Councilmembers present and any vote must be unanimous to pass, motion by
Mayor Higginson, seconded by Councilmember Rexford to continue this request for
rehearing to May 9, 1995 when the entire City Council will be present. Motion
carried 3-0 with Councilmembers Cafagna and Emery absent.
CITY MANAGER ITEMS
19A. City Manager Bowersox reported that AB 318 will prohibit cities from using
utility fund revenues for general fund purposes. The legislature has a
report showing 167 cities making a .profit," including Poway. The
"profit. number is the difference between revenues and ope rat i ona1
expenses and doesn't consider bond payments or reserve funds. Assemblyman
Goldsmith will present the facts at a hearing on May 3, 1995.
19B. City Manager Bowersox stated the hearing on Bill Silva Presents' proposed
amphitheater is scheduled for July 18 at the Performing Arts Center.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session to discuss existing litigation
pursuant to Government Code ~54956.9(a), Chilcote v. City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
24. Counci1member Rexford stated she would like Council concurrence for her to
act as the City's representative to take San Diego County Water
Authority's Water Education Tours. Council concurred.
25. Mayor Higginson announced Victoria Hahn as Councilmember Callery's
appointment to the Housing Commission.
CLOSED SESSIOII
Mayor Higginson recessed the meeting into closed session as requested by the City
Attorney at 8:30 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order and adjourned the meeting at
9:02 p.m. on motion by Counci1member Callery, seconded by Counci1member Rexford.
MarJorie K. Wahlsten, City Clerk
City of Poway
JUN 6 1995 ITEM 12 . I 5495
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MAY 9, 1995
;i..
,...-;;;- .i
The May t. 1995, 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, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Wi 11 i ams
Warren Shafer
Mark Sanchez
Jim Mannack
Penny Riley
City Manager
City Cl erk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Senior Management Analyst
-~
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PROCLAMATION
A. Mayor Higginson proclaimed May 14-20, 1995 as "Buddy Poppy Week" and
presented a proclamation to Paul Swanson, VFW Junior Vice Commander.
B. Mayor Higginson proclaimed May 14-20, 1995 as "Emergency Medical Services
Week" and presented a proclamation to Director of Safety Services Sanchez.
PUBLIC ORAL ClIIIIIUCATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Richard Orvik, 12943 Creek Park Drive, stated he could not be present at
the May 16, 1995 public hearing regarding affordable housing ane wished to
express his opposition to family housing on the Bowron site and requested
it be senior housing.
5496
JUN 6 1995 ITEM 12 "
Page 2 - CITY OF POWAY - May 9, 1995
CONSENT CALEJ--.
Mayor Higginson stated that Item 11 was pulled from the Consent Calendar by the
public. Motion by Councilmember Callery, seconded by Councilmember Emery to
approve the Consent Calendar as follows:
8. Ratification of Warrant Register for period of April 17-21, 1995(401-10)
9. Denial of claim for damages: Margaret Finley. (704-13)
10. Adoption of Resolution No. 95-028 entitled, "A Resolution of the City
Council of the City of Poway, California, Requesting Grant Funds through
the Transit Development Act and Transet to Provide SidewalK and BiKe lane
Improvements on Garden and Pomerado Roads, Add it i ona 1 Fundi ng for Bi Ke
Facil ities on Scripps Poway ParKway, BiKe RacKs for New ParKs and a
BiKe/Pathway LinKage Study." (401-30)
11.1 Adoption of the following positions on pending legislation: oppose SB
1122 which would require any publ ic entity to comply with a series of
requirements in adopting environmental regulations; support AB 1436 which
will provide reimbursement for first responder medical treatment; oppose
ACA 13 which requires a two-thirds vote for an agency to impose a special
tax and limits parcel taxes to those specifically authorized by the
legislature; support SB IX which is fiscal relief legislation for those
areas hard-hit by recent flooding; oppose SB 149 which allows cities
incorporated after January 1, 1987 to use the number of registered voters
times three for purposes of Vehicle license Fee allocation indefinitely,
which reduces revenues to other agencies; support SB 1225 which will allow
local governments to use and consider private financing and operation of
publ ic facil ities; oppose SB 238 which requires employers to provide
certain notice regarding financial risK to employees enrolling in a
deferred compensation plan; support SB 1167 whi ch allocates growth in
property taxes baCK to the local agency that contributed the original tax
to the Educational Revenue Augmentation Fund; oppose AB 915 which would
exempt new property which is constructed or installed to meet
envi ronmenta 1 regulati ons from property tax; oppose SB 610 whi ch wi 11
preempt local agencies' ability to regulate late fee charges by cable
companies; support SB 936 which allows cities to meet their housing
obligations in the most cost-effective manner; oppose AB 771 which would
extend the initial life of a tentative map from two years to five years;
oppose SB 657 which would exempt various properties from property tax;
support AB 1907 which would rescind the recently enacted requirement that
cities contract for CEQA consultants within 45 days from the decision that
an ErR is required; oppose AB 318 which would prohibit municipal water
and/or power agencies from contributing funds to its municipal general
fund; and support AB 349 which requires an operator of a pipeline used for
transportation of hazardous liquid substances to conform with specified
federal regulations. (701-11)
5497
JUN 6 1995 ITEM 12 ..1
Page 3 - CITY OF POWAY - May 9, 1995
11.2 Adoptioa,of Resoluti!)n No. 95-029, entitled, "A Resolution of the City
Council ...fIf the Ci ty of Poway, Cali fornia Request i ng that the Regi ona 1
Water Qvitfty Control Board Eliminate the Shredding Requirement imposed
upon the San Marcos Landfill." (1170-04)
11.3 Acceptance of Poway Royal Mobile Estates Electrical System Rehabilitation
from Mel Smith Electric, Inc. (5905) (602-01 #180R)
Motion carried unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 444/FIRST READING
REGULATING SALE OF TOBACCO PRODUCTS
Mayor Higginson read the title of Ordinance No. 444. "An Ordinance of the City
of Poway, California, adding Chapter 8.05 to Title 8 of the Poway Municipal Code
Relating to the Regulation of the Sale of Tobacco Products." City Manager
Bowersox noted this item was continued from April 4, 1995 at the request of the
Chamber of Commerce. Director of Planning Services Wright-Quastler stated that
in response to City Council query, there are 25 cities in California and other
cities in five other states that have this type of ordinance in effect.
Speaking in opposition to staff recommendation:
Teresa Clark, President of the Chamber of Commerce, stated they oppose the
ordinance as written and recommended the vending machine ban
be approved but the ban on self-service tobacco products not be
approved.
Yolanda Gilliland, 2358 Deheha, El Cajon
Victoria Agustin, 13312 Community Road
Jeff Brown, 16235 Swartz Canyon, Ramona, manager of Albertson's
Marge Maguire, 17226 Merlot
Beth Beeman, California Grocers Association, stated responsible retailers
deserve a chance and cited the new state legislation (STAKE) that
will be in effect on July 1 that offers additional enforcement
tools; and presented a petition with 650 signatures in support of
the Chamber's position.
Speaking in favor of staff recommendation:
Debra Kelley, 2750 Fourth Avenue, American Lung Association, stated this
does not restrict sales to adults, but repositions the product to
provide a reasonable restriction for minors.
Bob Doyle, 3445 Lebon Drive, San Diego, Vice Chair of the Tobacco Control
Coalition, stated there are only 13 enforcement staff statewide for
the new Stop Tobacco Access to Kids Enforcement (STAKE) act.
David Goerlitz, 29 W. Factory Road, Berlin, New Jersey, stated he worked
for 7 years as "The Winston Man" and cited the tobacco companies
efforts to get young people to start smoking.
5498
JUN 6 1995 ITEM 12 '
Page 4 - CITY OF POWAY - May 9, 1995
Sharon Jahn, 12845 Iola Way, Tobacco Use Prevention Coordinator for
p~ Unified School District
Cindy Hicls, 13242 Lingre Avenue
Justin Ta,lor, 13357 Racquet Court
Marianne Wildey, 1903 39th Street, San Diego, Project TRUST
Dr. Charles Callery, 13065 Edina Way, stated cigarettes and chewing tobacco
are displayed next to children's.videos and baseball cards in Wal-
Mart.
Mary Hritz, 16326 Avenida Florencia, teacher at Abraxas High School
Harry Silas with the County Department of Health stated there are currently 5
cities in San Diego that ban vending machines and three that restrict them to
adult areas only.
Mayor Higginson stated he applied his benefit versus burden scale and in his view
the benefit of providing a deterrent outweighs the burden to the businesses.
Councilmember Emery stated the heart of the issue is health and we are attempting
to build a wall between children and tobacco. Councilmember Cafagna stated he
feels education is at home and easy access does not cause someone to start
smoking. He stated this is an undue burden on the retailer. Council member
Rexford cited the recent birth of her granddaughter in voicing her support for
the ordinance. Council member Callery stated our goal is to prevent children from
obtaining cigarettes.
Motion by Council member Callery, seconded by Council member Rexford to waive
further reading and continue the publ ic hearing to May 23, 1995 for second
reading. Motion carried unanimously.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:25 p.m. and called it back to order at
8:30 p.m. with all touncilmembers present.
ITEM 6 (203-24)
MINOR CONDITIONAL USE PERMIT 95-03
APPLICANTS: BRUCE AND CAROLYN CASSELL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a lighted tennis court at 13712 Paseo
Valle Alto in 6reen Valley Estates. Staff recommends approval.
Speaking in opposition to staff recommendation:
James Everett, 15614 Oakstand Road
Laura Marsh, 15622 El Camino Entrada
Robert Conde, 13732 Pas eo Valle Alto
City Attorney Eckis stated that during the publ ic testimony, Council member
Cafagna pointed out to him where his residence is in relation to this project and
5499
JUN 6 1995 ITEM 12 ,I
Page 5 - CITY OF POWAY - May 9, 1995
it is approxi_ly 600 feet away. Council member Cafagna must disqualify himself
if it will cfIIiIIII the value of his property by $10,000 more. Council member
Cafagna statecllii cannot see thi s property from hi s home and it will not have an
impact on his property va1ues.
Speaking in opposition to staff recommendati4n:
Lyle Arnold, 15638 Boulder Mountain Road
Tim Marsh, 15822 El Camino Entrada
Robert Hessler, 15497 Oakstand Court, Green Valley Civic Association
Community Protection Chairman.
Speakers cited the fact that in the past 18 months 3 tennis courts have been
allowed to be lighted; the lights shine into neighbors' homes; the lights ruin
the rural ambience; the noise of people playing tennis is disturbing at night;
and landscaping requirements for other approved courts are not being enforced.
Speaking in favor of staff recommendation:
Bruce Cassell, 13710 Paseo Valle Alto
Council member Rexford stated she had visited the Marsh's home to view the subject
property and agrees lighting this court would not be appropriate.
Councilmember Callery and Mayor Higginson stated they cannot make the finding
that the project will not have an adverse aesthetic impact upon adjoining
properties.
Motion by Councilmember Emery, seconded by Councilmember Callery to deny staff
recommendation and direct staff to look at the whole issue of lighted tennis
courts in order to be consistent. Motion carried unanimously.
(Councilmember Emery left the room.)
ITEM 7 (704-10)
DECLARING PUBLIC NUISANCE
WHITE VALE LANE/LEE WHITE
Mayor Higginson- opened the public hearing. Staff report by City Manager
Bowersox. This public hearing is being held to determine whether the roofing
materials that have been dumped on a vacant lot on White Vale Lane are a nuisance
and whether to order the abatement. The property owner, Mr. Lee White, has
stated that he wants the City to remove the nuisance and assess him via the tax
roll s.
Mayor Higginson asked if the cost of clean-up could be recouped by some other
means. City Attorney Eckis stated our ordinance requires this procedure.
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JUN 6 1995 ITEM 12
Page 6 - CITY OF POWAY - May 9, 1995
There was no one present wishing to speak.
Motion by Mayor Higginson. seconded by Councilmember Callery to close the public
hearing and adopt Resolution No. 95-030, entitled, "A Resolution Declaring the
Vacant Lot on White Vale Lane, APN 278-301-22, a Public Nuisance, Ordering the
Remova 1 of a 11 Roofi ng Materi a 1 and Associ ated Debri s." Mot i on carri ed 4-0 with
Councilmember Emery out of the room.
(Councilmember Emery re-entered the meeting.)
ITEM 7.1 (203-08)
REQUEST FOR REHEARING/CHABAD OF POWAY
APPLICANT: SUSAN MCNABB
Staff report by City Manager Bowersox. On May 2, 1995 the City Council continued
consideration of an application for rehearing of the approval of a religious
complex at Espola Road and Old Espola Road until all Councilmembers could be
present. On April 18, 1995 the City Council approved the project which included
a conditional use permit, a development review and a setback variance along
Espola Road. The variance request was omitted from the notice of publ ic hearing.
Since that approval, the applicants have made a decision to el iminate the
underground parking lot and thi s change wi 11 requi re a reheari ng of the
development review. Staff recommends the City Council rehear the variance and
development review only. The Chabad will hold an open house with the neighbors
to review their plans before it comes back to the City Council.
Speaking in favor of staff recommendation:
Lee Kovensky, 12779 Calma Court
Jim Murray, 16947 Old Espola Road
Sue McNabb, 16951 Old Espola Road
Debra Shelton, 17041 Coyote Court
David Hamann, 17033 Coyote Court
Rabbi Goldstein, 16934 Old Espola Road
Robert Kelly, 16955 Old Espola Road
Speakers stated the proposed building is too large for the site; the existing
project does not have enough off-street parki ng; and the 1 andscapi ng requi rements
are not being enforced on St. John's of Damascus which is east of this project.
Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution
No. P-95-25, entitled, "A Resolution of the City Council of the City of Poway,
Cal ifornia Rescinding Resolution No. P-95-19 and Approving Conditional Use Permit
86-08 Modification, Assessor's Parcel Number 273-820-15." Motion carried
unanimously. A neighborhood meeting will be held before the public hearing on
the variance and development review.
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Page 7 - CITY OF POWAY - May 9, 1995
ITEM 11 (701-10)
REPORT OF ADMINISTRATIVE ACTION
Mayor Higginson stated this item was pulled from the Consent Calendar by Ric
DuDeck. Mr. DuDeck appeared at the City Council meeting on April 18, 1995 to
complain about the second story addition being built by his neighbor and a letter
was sent from Planning Services which is reported on this Report of
Administrative Action.
Ric DuDeck, 12859 Luiseno, cited his dissatisfaction with staff's response and
that windows are being added, not decreased, in the second story addition.
Councilmember Cafagna asked what rights the neighbor has to build this addition.
Director of Planning Services Wright-Quastler stated that if an addition does not
exceed 750 square feet and meets the height 1 imitations and setback requirements,
the building permit issuance is a ministerial action and done at the counter.
Council concurred to direct staff to look at making all second story additions
a minor development review. Mr. DuDeck will receive a copy of that report.
CITY ATTORNEY ITEMS
City Attorney Eckis reported that the State Supreme Court has ruled in the case
of DaVida v. County of Napa that the electors have the right to change the
General Plan. The facts of this case were parallel with Proposition FF and the
City of Poway joined the amicus brief. He stated in the past the City Attorney
has jOined amicus briefs when the facts of the case were consistent with existing
City Council policy. He is preparing a Resolution for Council review that would
specifically authorize the City Attorney to do this.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
16. Councilmember Emery requested an item be placed on the agenda to discuss
taking a position on the mobile home initiative.
18. Mayor Higginson announced that Larry Quate will serve as Chairman of the
Housing Commission for the next year.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10 p.m. on motion by Councilmember
Emery, seconded by Councilmember Cafagna.
MarJorie K. Wahlsten, City Clerk
City of Poway
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JUN 6 1995 ITEM 12