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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 5272 Page 2 - CITY OF POWAY - August 2, I994 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. 5273 Page 3 - CITY OF POWAY - August 2, 1994 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 5274 Page 4 - CITY OF POWAY - August 2, ]994 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. 5275 Page 5 - CITY OF POWAY - August 2, 1994 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. 5276 Page 6 - CITY OF POWAY - August 2, 1994 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. 5277 Page 7 - CITY OF POWAY - August 2, 1994 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 5278