CC 1994 08-02 CITY OF POWAY, CALIFORNIA
HXNUTES OF THE CXTY COUNCIL REGULAR HEET~NG
AUGUST 2, 1994
The August 2, 1994, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILHEHBERS PRESENT AT ROLL CALl
Mickey Cafagna, Bob Emery, Tony Snesko, Don Higginson
COUNCILNEHBERS ABSENT AT ROLL CArl
Susan Callery
STAFF HEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
PLEDGE OF ALLEGIANCE
City Manager
City Clerk
City Attorney
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Deputy Mayor Emery 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:
Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Mobile Home
Owners Association, stated she wasn't allowed to speak on July 12, 1994
when the Mobile Home Park Study was approved, but wanted to state her
opposition. She stated the money being spent on the study could be put to
better use.
CONSENT CALENDAR
Mayor Higginson stated Item 17 has been pulled by the public. Motion by
Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent
Calendar as follows:
o
Approval of Minutes - City Council
June 28, 1994, Regular Meeting
July 5, 1994, Regular Meeting
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19.1
Motion
11. Ratification of Warrant Registers - July 7, 14, 1994 (401-10)
12. Adoption of Resolution No. 94-081, entitled, "A Resolution of the City
Council of the City of Poway, California, Providing for a Drawing by Lot
for Elective Offices in the Event of a Tie Vote at any Municipal Election
and Rescinding Resolution No. 86-071." (702-02)
13. Adoption of Resolution No. 94-082, entitled, "A Resolution of the City
Council of the City of Poway, California Listing Officials Authorized to
Acquire Federal Surplus Property from the California State Agency for
Surplus Property." {1502-12)
14. Receive and file final report regarding City of Poway Roadside Sobriety
Checkpoint Program. {401-30)
15. Receive and file Traffic Master Plan Update and approve list of traffic
signal candidate intersections for inclusion in the 1995 Traffic Master
Plan.
(1160-02)
16. Receive and file second quarter activity report for the Economic
Development Division of the Redevelopment Agency. (209-00R)
18. Award of bid for the Espola Road Overlay and Reconstruction to Superior
Ready Mix in the amount of $640,392.58. (602-01, #1026)
19. Approval of the following positions on pending legislation: oppose SB 95
which proposes a major overhaul of the California Public Recordm Actl and
oppose AB 3606 which would give cable companies the specific right to
enter into local phone business under certain conditions. (701-11)
Denial of claim for damages: E & E Transportation, Inc. (704-13)
carried 4-0 with Councilmember Callery absent.
ITEM 4 (203-08)
CONDITIONAL USE PERMIT 94-11
APPLICANTS: MARK AND JANET CURCI
OWNERS: THOMAS AND MARJORIE GORDON
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to operate a horse boarding facility stabling up to
200 horses on 176 acres at 15529 Sycamore Canyon Road. Rolling Hills Stable has
operated since 1991 and the property has historically been the site of horse
boarding operations. Staff recommends approval.
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Speaking in favor of staff recommendation:
Peggy Collette, 13969 Bernadotte Lane, stated this is an ideal location
for a horse stable.
Motion by Councilmember Snesko, seconded by Councilmember Emery, to close the
public hearing, issue a Negative Declaration, and adopt Planning Resolution No.
P-94-93, entitled, "A Resolution of the City Council of the City of Poway,
California, Approving Conditional Use Permit 94-11, Assessor's Parcel Number 323-
100-080, 323-070-46." Motion carried 4-0 with Councilmember Callery absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 84-16
DEVELOPMENT REVIEW 94-04
APPLICANT: POWAY VALLEY SENIOR CITIZENS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to add 3,400 square feet to the Weingart Senior
Center located within the Community Park at 13094 Bowron Road. Staff recommends
approval.
Speaking in opposition to staff recommendation:
Lois Downs, 14915 Whitebutte Drive, stated the larger facility is not
needed.
Speaking in favor of staff recommendation:
William Dulmage, 14115 Donart Drive, Vice President of Poway Valley Senior
Citizens Board of Directors
Council stated they have previously approved the budget for this project and the
benefit resolutions. They were not aware of any opposition to the project.
Council concurred to continue this item for two weeks until Councilmember Callery
is present since she is on the Senior Issues Committee.
Motion by Councilmember Snesko, seconded by Councilmember Cafagna to continue
consideration of CUP 84-16 to August 16, 1994. Motion carried 4-0 with
Councilmember Callery absent.
ITEM 6 (701-04)
ORDINANCE NO. 436/FIRST READING
SPEED LIMIT ON POMERADO ROAD
Mayor Higginson opened the public hearing and read the title of Ordinance No.
436, "An Ordinance of the City of Poway, California, Amending Section 10.32.020
of the Poway Municipal Code Decreasing Speed Limits on Pomerado Road from Metate
Lane to the South City Limit." Staff report by City Manager Bowersox.
Construction, widening and development along Pomerado Road has caused significant
increases in traffic volumes and speeds in recent years. Based on the review
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from Metate Lane to the south City Limit, the Traffic Safety Committee recommends
a reduced speed limit of 45 mph based on special conditions of reduced sight
visibility at Poquito Road and for consistency with the City of San Diego.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Snesko to waive
further reading and continue the public hearing to August 16, 1994 for second
reading. Motion carried 4-0 with Councilmember Callery absent.
ITEM 7 (401-27)
ABATEMENT CHARGES FOR 1994-95 TAX ROLL
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Each year monies are expended for weed abatement, vehicle abatement
and public nuisances. If property owners choose to not do the abatement
themselves, they are notified the city will have the work done do and recover the
costs through the tax rolls. Staff recommends adoption of a Resolution assessing
such charges.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 94-083, entitled, "A Resolution of the
City Council of the City of Poway, California Approving the Report Prepared for
Collection of Weed Abatement, Nuisance Abatement and Vehicle Abatement Charges
on the County Tax Assessor's Roll for the Year 1994-95." Motion carried 4-0 with
Councilmember Callery absent.
ITEM 8 (1170-02)
SEWER RELATED FEES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The resolutions establishing current sewer connection fees span a
period of 10 years. For convenience, staff wishes to consolidate the current
fees into one resolution. It will formally authorize the issuance of one EDU per
2,000 square feet, establish the criteria by which fixture counts are converted
to EDU's, and allow for the sale of partial EDU's. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Resolution No. 94-084, entitled, "A Resolution of the
City Council of the City of Poway, Consolidating the Following Sewer Related
Fees: Sewer Connection Fees, North Basin Surcharge, Indirect Benefit Fee,
Annexation Fees, Sewer Line Charge, Sewer Extension Line Charge, Inspection, and
Construction Fees for Sewer Service; Rescinding Resolutions 83-050, 83-052, 84-
004, and 87-156; and Establishing Criteria for Sewer Connections." Motion
carried 4-0 with Councilmember Callery absent.
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ITEM 8.1 (1180-05)
CONTRIBUTION FOR AUTO SALES PROMOTION
Staff report by City Manager Bowersox. The Chamber of Commerce and the Poway
auto dealers have proposed an auto show promotion for September 23-25 in the
South Poway Business Park and have requested financial assistance. Staff
proposes to provide 10% of the advertising funds, up to a maximum of $5,000. In
return no dealers from outside Poway will compete with Poway dealerships and the
City will be provided verification of sales tax generated and marketing research
gathered.
Motion byCouncilmember Cafagna, seconded by Councilmember Snesko to appropriate
up to $5,000 from the general fund reserve to economic development account 436-
1030-4904 with conditions outlined. Motion carried 3-1 with Councilmember Emery
voting "no" and Councilmember Callery absent.
ITEM 8.2 (1160-04)
SCRIPPS POWAY PARKWAY AND POMERADO ROAD
Staff report by City Manager Bowersox. At the request of Councilmember Emery at
the June 14, 1994 City Council meeting and Betty Rexford on June 28, 1994, staff
has reviewed the intersection of Scripps Poway Parkway and Pomerado Road. The
intersection was found to be safe, however improvements including removal of
landscape trees, adding traffic signal heads, and changing traffic signal timing
have been done to further enhance safety of vehicles entering the intersection.
The Traffic Safety Committee will be reviewing this location at their August 9,
1994 meeting.
Speaking in favor of staff's actions:
Betty Rexford, 11570 Creek Road
Council concurred to receive and file the report.
ITEM 8.3 (706-02)
COMMUNITY FACILITIES DISTRICT 88-1
Staff report by City Manager Bowersox. The City has been notified by the County
Tax Collector that certain property owners in Community Facilities District No.
88-1 (Parkway Business Centre) are delinquent on their second installment of
special taxes for 1993-94. The owners filed a Chapter 11 bankruptcy and a new
group has received clear title to the property; however the taxes have not been
brought current. The City Attorney's office is proceeding with a judicial
foreclosure against the property. If collection does not occur prior to
foreclosure, the District does not anticipate payment of any of the delinquent
taxes prior to December, 1994. A reserve fund was established at the time bonds
were sold to cover up to one year's debt service payment in the event of
delinquencies. A debt service payment in the amount of $1,495,734.86 is due on
August 8, 1994. Staff recommends a draw on the District's reserves to cover the
debt service payment.
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Motion by Councilmember Cafagna, seconded by Councilmember Emery to authorize the
draw of $1,393,354.77 from the bond reserve fund of the Community Facilities
District No. 88-1 for payment of debt service due on August 8, 1994. Motion
carried 4-0 with Councilmember Callery absent.
ITEM 17 (602-01, #216R)
AWARD OF BID/BUILDING DEMOLITION
Mayor Higginson stated this item was pulled from the Consent Calendar by the
public. Staff report by City Manager Bowersox. The former Security Bank
Building at 13395 Poway Road needs to be demolished in order to widen Community
Road at Poway Road, and there are some wooden buildings on the former sewer
treatment plant site in Sabre Springs that need to be demolished. Staff
recommends award to American Processing Co., Inc. in the amount of $30,370.
Speaking in opposition to staff recommendation:
Fran Davenport, 12256 Old Stone Road, stated the City has been dumping raw
sludge at the sewer treatment plant site, there is graffiti on the
buildings, and a ladder on the side of a 30 foot high tower. Jim and
Peggy Shea, 12423 Paseo Colina, joined Ms. Davenport at the podium with
jars of samples they stated were gathered from the treatment plant site.
City Manager Bowersox stated he had received a call today from a television
station about the dumping and he had learned that the vactor machine has been
dumping approximately 25 gallons a week on that site. The truck is used to clean
out storm drains and sewer lines.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to award the bid
for American Processing as recommended by staff. Motion carried 4-0 with
Councilmember Callery absent. Staff will pursue the issues raised by speakers.
CITY ATTORNEY ITEMS
City Attorney Eckis reported on the lawsuit with Sycamore Canyon Associates
regarding the easterly extension of Scripps Poway Parkway. A settlement has been
reached and the agreement will be on the August 9, 1994 agenda for Council
approval.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
Ao
Councilmember Snesko stated he believes the current initiative that is
being circulated to amend the horse ordinance could be made unnecessary
with the creation of an equestrian commission composed of representatives
from the horse community, civic associations and one councilmember;
amending the ordinance to require six acres for a riding academy with
approval of the Commission, allowing horses in side yard setbacks with the
approval of affected neighbors, however no closer to 35 feet of any home,
and changing the number of animals allowed with and without Commission
permission.
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Speaking in opposition to Councilmember Snesko's recommendation:
Peggy Collette, 13969 Bernadotte Lane, one of the initiative's
proponents.
Councilmember Cafagna stated he met with a group of horse owners recently
to discuss changes to the ordinance and he will present these proposed
changes on August 23. He stated he did not think a Commission as proposed
by Councilmember Snesko would work successfully. (701-04 #432)
25B.
Councilmember Snesko stated he had placed a discussion of property the San
Dieguito River Valley JPA is proposing to purchase in the City of Poway on
the agenda but there is no need to discuss it and he pulled it off.
25C.
Councilmember Snesko stated he had placed a discussion of continued
participation in San Diego Wastewater Management District on the agenda
but there is no need to discuss it at this meeting. He and Director of
Engineering Services Weston are meeting with Supervisor Jacobs on Friday.
25D.
Councilmember Snesko stated he would place an item on the August g, 1994
agenda to discuss the operation of the Community Swimming Pool. He was at
the pool recently and could not find information about the hours of
operation for the public and also understood we have someone who wants to
operate the concession.
ADgOURNMENT
Mayor Higginson adjourned the meeting at 8:11 p.m. on motion by Councilmember
Emery, seconded by Councilmember Snesko.
Marjori'e K- Wahlsten, City Clerk
City of PoWay
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