CC 1994 12-13 CITY OF POWAY, CALIFORNIA
HINUTES OF THE CITY COUNCIL REGULAR HEETING
DECEHBER 13, 1994
The December 13, 1994, 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.
COUNCILNEMBERS PRESENT AT ROLL CALm
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF NEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
Steve Streeter
Jim Marmack
David Narevsky
Patrick Foley
Pamela Colby
Peter Moote
Penny Riley
PLEDGE OF ALLEGIANCE
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Principal Planner
Sheriff's Captain
Redevelopment Manager
Principal Management Analyst
Redevelopment Project Administrator
Deputy Dir. of Administrative Services
Senior Management Analyst
Deputy Mayor Callery led the Pledge of Allegiance.
PRESENTATIONS
Mayor Higginson presented twenty year service awards to Tim Carle, Fire Captain,
and Mike Swanson, Fire Engineer.
Mayor Higginson presented a Certificate of Commendation to several
representatives from ERA, the Property Store, for their contribution of funds for
30,000 red ribbons for the "Just Say No" program.
PUBLIC OP~AL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
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CONSENT CALENDAR
Councilmember Rexford stated she would disqualify herself from voting on Item 17
because of a conflict of interest and abstain from Item 30.1 since she was not
present at the November 29, 1994 meeting.
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
Consent Calendar as follows:
15.
Ratification of Warrant Register - November 14-November 18, 1994, and
November 21-November 25, 1994. (401-10)
17.
Appropriation of $1,700 from the General Fund to convert an open area to
an office in the trailer leased from the City by For Parents' and Kids'
Sake, Inc. (602-01 #772)
18. Receive and file Community Swim Center Quarterly Report of operating hours
and attendance (September-November, 1994). (1401-01)
19. Annual Review of Development Agreement with CF Poway, Ltd. (602-01 #400)
20. Annual Review of Development Agreement with Parkway Business Centre
Partners/Burlich Corp. (602-01 #626)
21.
Annual Review of Development Agreement with Environmental Development.
(602-01 #830)
22.
Annual Review of Development Agreement with Tech Business Center.
(602-01 #835)
23.
Annual Review of Development Agreement with Poway Corporate Center.
(602-01 #836)
24.
Annual Review of Development Agreement with Trident Homes of California,
Inc. (successor to McMillin Equity Partners II). (602-01 #874)
25. Authorization to post the Local Appointments List for 1995. (701-09)
26. Receive and file Investment Report as of November 30, 1994. (408-01)
27. Denial of claims for damages: A) Curtis John Oelrich; B) Gemma Theresa
Zamora. (704-13)
28.
Adoption of Resolution No. P-94-59, entitled, "A Resolution of the City
Council of the City of Poway, California Denying Temporary Use Permit 94-
89, Assessor's Parcel Number 275-270-60,", Larry Smith, Green Valley
Estates, applicant: requiring a modular sales office to cease operation
at its present location at 13750 Paseo Valle Alto in Green Valley Estates,
and requiring removal within ninety calendar days. (Continued from
November 29, 1994, Item 28) (203-07)
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29.
Adoption of Resolution No. 94-129, entitled, "A Resolution of the City
Council of the City of Poway, California, Supporting State and Federal
Funding Assistance for a San Diego Regionwide Beach Replenishment
Initiative." (1503-02)
30.
Report of Administrative Action Taken on City Council-Initiated and Public
Inquiry Items Through December 5, 1994. (701-10)
30.1
Receive and file Resolution No. P-94-57 for Conditional Use Permit g4-09,
Bill and Pat Steiner, applicants, reflecting action taken on November 29,
1994, Item 5. Approval was given for a maximum of 45 horses on a 15 acre
site at 13980 Millards Ranch Lane and changes in deadline dates for
certain items. (203-08)
30.2
Approval of right-of-way acquisition for Scripps Poway Parkway easterly
extension from Mr. & Mrs. Thomas Gordon, Assessor's Parcel Numbers 323-
100-08 and 323-070-46. (1002-01)
Motion carried unanimously except on Items 17 and 30.1 as noted by Councilmember
Rexford.
ITEM 5 (701-04)
ORDINANCE NO. 439/SECOND READING
AMENDING REDEVELOPMENT PLAN TIME LIMITS
Mayor Higginson read the title of Ordinance No. 439, "An Ordinance of the City
of Poway, California, Amending Certain Time Limits in the Redevelopment Plan for
the Paguay Redevelopment Project Area." Councilmember Emery stated he was absent
at the first reading but he has read the material and no public testimony was
presented. Councilmember Rexford stated she would abstain since she was not on
the Council at the first reading.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Emery to waive further
reading, close the public hearing and adopt Ordinance No. 439. Motion carried
4-0 on a roll call vote with Councilmember Rexford abstaining.
ITEM 6 (203-04)
VARIANCE 94-06
APPLICANT: MICHAEL & YVONNE HAYES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance to permit an existing garage
conversion without required replacement of equivalent covered parking space at
14522 Saco Street. Staff recommends approval.
There was no one present wishing to speak.
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Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution No. P-94-60, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 94-06,
Assessor's Parcel Number 323-147-14." Motion carried unanimously.
ITEM 7 (203-04)
VARIANCE 94-12
APPLICANT: ROBERT KUTA
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a variance from the required five foot side yard
setback for a storage building constructed in the rear yard at 13820 Pomerado
Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Planning Resolution P-94-61 entitled, "A Resolution of
the City Council of the City of Poway, California of the City of Poway,
California Approving Variance 94-12, Assessor's Parcel Number 314-133-22."
Motion carried unanimously.
ITEM 8 (706-02)
CORRECTION OF SPECIAL TAX LEVY
COMMUNITY FACILITIES DISTRICT 88-1
Mayor Higginson opened the public hearing. City Manager Bowersox stated staff
is recommending this hearing be continued to January 3, 1995.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to continue the
public hearing regarding the correction of the levy of the special tax for CFD
88-1 to January 3, 1995. Motion carried unanimously.
ITEM 9 (401-22)
PARKLAND DEDICATION IN-LIEU FEES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City Council annually determines fees to be collected for the
development of park and recreation facilities in-lieu of dedication of parkland.
It is recommended that the City Council adopt a resolution increasing the fee for
mobile homes located within mobile home parks from $1,810 to $1,820.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
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public hearing and adopt Resolution No. 94-131, entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing In-lieu Fees for
Parkland Dedication, Calendar Year 1995." Motion carried unanimously.
ITEM 10 (701-04)
ORDINANCE NO. 440/FIRST READING
INDUSTRIAL WASTEWATER PRETREATMENT
Mayor Higginson opened the public hearing and read the title of Ordinance No.
440, "An Ordinance of the City of Poway to Establish an Industrial Wastewater
Pretreatment Program; and Rescinding Sections 13.04.110 through 13.04.130 of the
Poway Municipal Code." Staff report by Director of Engineering Services Weston.
Under the Clean Water Act, all municipalities which discharge to a publicly-owned
treatment works must enact an industrial pretreatment program. The adoption of
this proposed Environmental Protection Agency model ordinance is a requirement
of the wastewater pretreatment agreement we have with the City of San Diego.
There will be a positive environmental impact through the regulation and
monitoring of industrial wastewater.
Speaking in favor of staff recommendation:
Marianne Troyer, 13515 Acton Avenue, representing Girl Scout Troop 8093
Motion by Councilmember Callery, seconded by Councilmember Emery to issue a
negative declaration, waive further reading of Ordinance No. 440 and continue the
public hearing to January 3, 1995 for second reading. Motion carried
unanimously.
ITEM 11 (701-04)
ORDINANCE NO. 441/FIRST READING
EXTENDING REIMBURSEMENT AGREEMENTS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
441, "An Ordinance of the City of Poway Amending Section 13.24.070 of the Poway
Municipal Code Regarding Payment for Reimbursement." Staff report by City
Manager Bowersox. The current economic conditions of development lends itself
to an increased period of time in which a property owner may seek reimbursement
for installation of certain permanent public improvement. Currently the maximum
length of time is ten years. Staff recommends it be changed to fifteen years.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to waive further
reading of Ordinance No. 441 and continue the public hearing to January 3, 1995
for second reading. Motion carried unanimously.
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ITEM 12 (203-08)
CONDITIONAL USE PERMIT 88-02R(M)
APPLICANT: ROBERT BROWNFELD
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to modify the Pomerado Auto Center conditional use
permit to allow a specialty truck parts sales, showroom and installation business
at 13510 Pomerado Road. Staff recommends approval.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to close the public
hearing and adopt Planning Resolution No. P-94-62, entitled, "A Resolution of the
City Council of the City of Poway, California Approving CUP 88-02(R)M, Assessor's
Parcel Number 317-021-05 & 27." Motion carried unanimously.
ITEM 13 (203-21)
SPECIFIC PLAN AMENDMENT 84-01Y
Staff report by Director of Planning Services Wright-Quastler. On June 7, 1994
the City Council received an analysis of the South Poway Business Park. Part
of the discussion included locating lots that might be acceptable for ancillary
outside storage or for heavy industrial users. On August 18, 1994, the City
Council held a pre-development conference for Anytime Towing. The South Poway
Development Standards currently prohibits outdoor storage uses. Additionally,
the recent adoption of the large animal ordinance requires that the code clarify
which rural residential development standards applies to the land designated as
Open Space. Staff recommends the City Council initiate a Specific Plan Amendment
to address these changes.
Speaking in opposition to staff recommendation:
Charles McLauchlan, P.O. Box 12
Carol Funk, 11319 Creek Road
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Planning Resolution No. 94-132, entitled, "a Resolution of the City Council of
theCityof Poway, California Initiating Specific Plan Amendment 84-01Y." Motion
carried unanimously.
ITEM 14 (1402-02)
LIBRARY/SHERIFF'S SUBSTATION SITE
Staff report by City Manager Bowersox. Based upon the conceptual plan that was
approved by the City Council when the purchase of the Western Lumber site was
approved, $400,000 of the $1.4 million purchase price was to be charged to the
library budget and approximately $1 million was to be derived from the sale of
2 acres of the property. If the City Council chooses to not sell a portion of
this site for $1 million, the library CIP budget would be $901,000 short. On
November 29, 1994 the City Council reviewed a proposed site plan for the Library
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and a sheriff substation. The City could derive revenue over a period of time
by building a sheriff's substation and leasing it to the County. However there
was testimony against combining the two uses and staff was requested to review
other uses that could be constructed on the Western Lumber site in addition to
the library and a status report on what other sites have been looked at for the
substation. Staff requests direction regarding the proposed site plan; proposed
size of library; whether the library should be designed to be expanded; whether
office space to be leased should be included in the library structure to help pay
library operating costs; and where sheriff's substation should be located.
Councilmember Emery stated the entire issue is getting more complex. He was
originally convinced this was the appropriate site for the library because of the
economics of being able to sell the commercial frontage on Poway Road and having
having the library near the community park, school and senior center. He is not
in favor of having the sheriff's substation on the site, and prefers to sell the
commercial property on Poway Road as originally planned.
Councilmember Callery stated it is important to stay within the budget, whatever
is done.
Councilmember Cafagna stated we do not have the operating budget for a library
andadding 10,000 square feet of office space would give some income if we want
to use the back part of the site for the sheriff's substation. We could not
market the back (south) piece for commercial use.
Mayor Higginson stated that combining city hall, the police station, and a
library in a civic center is common all across the country. This site does not
back up to residential uses and by building and leasing to the County for the
sheriff's substation we would have our own facility is we ever decided to
establish our own police department.
Speaking in opposition to staff recommendation:
Larry Cruse, 13734 Utopia, stated the library is serving more people than
ever.
Don McKelvey, 13857 York Avenue, stated if you put the Sheriff next to the
library you would need to install a bulletproof barrier between them.
Joye Davisson, Chairperson of the Library Advisory Committee, stated the
library should be alone on the site in a park like setting and a natural
creek channel.
Following discussion, motion by Councilmember Emery, seconded by Councilmember
Callery to have staff schedule a workshop to discuss the various options for the
library, removing the sheriff's substation from that particular discussion.
Motion carried unanimously.
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ITEM 14.1 (1170-07)
TRASH RATES FOR POMERADO PINES
Staff report by Director of Public Services Williams. On December 6, 1994, Ellen
Berne,, President of the Pomerado Homeowners Association, addressed the City
Council about what she considered inequitable treatment for single family
detached homes under the Solid Waste Franchise Agreement beginning January 1,
1995. Her complex currently has twenty-four 3-yard bins and pays $1,573 per
month to Laidlaw. The cost with Mashburn using the current bins would be
$2,493.60. However, there are other options available such as switching to
unlimited can curbside collection at $10.15 per unit, for a total cost of
$1,400.70, or changing the size and number of bins. Mashburn is available to
consult with the homeowner associations to determine which option would be best
for them. Staff recommends the City Council receive and file the report.
Speaking in opposition to staff recommendation:
Ellen Berne,, P.O. Box 823, explained why the options mentioned by staff
would not be workable for them and requested the franchise be suspended
until this is resolved.
Ed Harmon, 12624 Oak Knoll Road, stated he owns two apartment complexes
and believes service will decrease because of lack of competition.
Council concurred to receive and file the report.
ITEM 14.2 (1170-04)
ESCONDIDO DISPOSAL'S MATERIAL RECOVERY SITE
Staff report by City Manager Bowersox. Escondido Disposal, Inc., the solid waste
disposal franchisee for the City of Escondido, proposes to amend the County Solid
Waste Management Plan by constructing and operating, within the Escondido city
limits, a solid waste transfer and recycling facility to serve Escondido and
others in the North County region. Such an amendment requires the approval of
the County and a majority of cities in San Diego County. A majority of cities
with the majority of population have already approved it and staff recommends the
City Council take no action.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to take no
action with respect to the inclusion of Escondido Disposal, Inc.'s project into
the County Solid Waste Management Plan. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
34.
Councilmember Callery requested staff follow up on the report that
Department of Fish & Game staff have removed City-purchased items from the
trailer at Blue Sky Preserve.
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35A.
Councilmember Emery stated he concurred with staff's recommendation to
prepare a zoning ordinance amendment which would permit roof and facia
mounted satellite dishes in residential zones subject to conditions.
35B.
Councilmember Emery stated the City of San Diego was to be a bystander in
the solid waste management authority issues since they have their own
landfill, however now they're facilitating the split between the cities
and asked if Councilmember Cafagna should contact them on this issue.
Council concurred and asked Councilmember Cafagna to give the City Council
regular updates regarding the Authority's activities. He is Vice
Chairman.
35. Mayor Higginson announced the following appointments and reconfirmations
to certain citizen advisory committees:
Housing Commission: Tom Tremble, Linda Oravec, Howard Maher (Higginson);
Larry Quate (Cafagna); Juanita Kinyon (Rexford); Kay Rickles (Emery); Jeff
Beers (Callery).
Parks & Recreation Committee: Jim Hall (Higginson); Lori Simon (Cafagna);
Juil White {Rexford).
Performing Arts Advisory Committee: Frank Goldsmith, Stewart Nielson, and
Trudy Karalekas (Higginson); Pat Faustman (Cafagna); Ray Eaton (Rexford).
Redevelopment & Housing Advisory Committee: Jim Crosby, Gordon Meyer, and
Joyce Eiswald (Higginson); Mary Mitchell (Emery); Duke Ayers, Richard
Burke, and Alan Dusi (Cafagna); Tom Tremble, Darwin Drake, and Peggy
Lester (Callery); Lois Downs, Kennon Dial and Roger Willoughby (Rexford).
AD~OURNHENT
Mayor Higginson adjourned the meeting at 9:00 P.M. on motion by Councilmember
Callery, seconded by Councilmember Cafagna.
Marjori~ K. Wahlsten, City Clerk
City of poway
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