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CC 1995 01-17 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OANUARY 17, 1995 The January 17, 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 Williams Warren Shafer Mark Sanchez Steve Blackwood Patrick Foley Penny Riley 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 Sheriff's Lieutenant Principal Management Analyst 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: Ernest Piper, 14410 Crestwood Avenue, spoke regarding the environmental impact report for the proposed amphitheater in South Poway. He requested the citizens be given more time to give input and stated the citizens' emotions on this issue should be taken into account. Mathilda Varban, 13002 Neddick Avenue, requested a ten foot wall on the north side of Scripps Poway Parkway in the Garden Road area. She stated opposition to the proposed amphitheater and stated noise should be evaluated on whether it is a noise that is part of a regular life. Dietmar Krauss-Varban, 13002 Neddick Avenue, stated he is opposed to the proposed amphitheater in South Poway. 5401 Page 2 - CITY OF POWAY - January 17, 1995 Bill Rickles, 13725 Utopia Road, stated the City Council is not listening to the citizens. Gail Trunnell, 13314 Neddick Avenue, requested a fourteen foot berm on the Scripps Poway Parkway and a thirty day extension for EIR scoping comments on the proposed amphitheater. Director of Planning Services Wright-Quastler explained that citizens are free to make comments throughout the EIR process. The initial information needed is what needs to be examined and that was the purpose of the scoping hearing. Once the draft is prepared it will be distributed and comments will be solicited prior to being presented to the City Council. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Rexford to approve the Consent Calendar as follows: o Ratification of Warrant Register for period of December 26, 1994, to December 30, 1994. (401-10) Approval of Agreement With California Department of Fish & Game for Interpretive Services at Blue Sky Ecological Reserve. (Continued from January 3, 1995, Item 26.) (602-01 #1006) Concurrence that Southwestern Cable Television's proposed rate and charges, within the City of Poway, for the Basic Service Tier and associated equipment are in substantial conformity with applicable FCC Benchmark Standards. (1206-05) 10. Acceptance of Citywide traffic striping and pavement marker from IPS Services, Inc. (602-01 #1029) 11. Adoption of Resolution No. P-95-06, entitled, A Resolution of the City Council of the City of Poway, California, Approving Modification of Comprehensive Sign Program 85-01/Development Review 84-18, Assessor's Parcel Number 317-490-77, 78, 79, 80, 81, 82," Burnham Pacific Properties Inc. for Poway Shopping Center; located on the northwest corner of the intersection of Poway Road and Silverlake Drive. (203-15) 11.1 Approval of application of a three year grant to "Cops Fast" for an additional deputy to assist in juvenile intervention work. (401-30) Motion carried unanimously. 5402 Page 3 - CITY OF POWAY - January 17, 1995 ITEM 4 (203-04) VARIANCE 94-13/DEVELOPMENT REVIEW 94-07 APPLICANT: SHEA HOMES Staff report by City Manager Bowersox. This public hearing was continued from January 3, 1995 in order for the applicant to meet with the neighbors to discuss issues raised at that meeting regarding two-story homes adjacent to residences on Montauk Street; the park; the height of wall along Pomerado Road; on-site parking; the variances requested; posting a long-term bond; and notice that was given for the Tentative Tract Map 94-02 public hearing last June. Director of Planning Services Wright-Quastler explained the changes Shea Homes has proposed including reorienting some of the homes on their lots; installing a self-closing gate in the park's wrought-iron fence; and constructing an 8 foot high wall on Pomerado Road as required by the sound study. Other issues such as on-site parking, notice given, and the variances were responded to. Staff recommends approval of the project. Speaking in opposition to staff recommendation: Richard Ludwig, 12720 Metate Lane, expressed concerns regarding flood control, and requested a four-way stop on Metate at the entrance to this project. John Johnston, 12826 Montauk Street, presented a letter with his concerns including lack of notice for the June meeting, and impact of a two-story home behind his lot. William Parmley, 12546 Metate Lane, expressed concern regarding drainage and stated he did not receive notification of the June meeting. Ronald Stampfl, 12734 Pomerado Road, stated several directly affected persons did not receive notice of the June hearing and requested the entire tentative tract map be reconsidered. Joe Diaz, 12820 Montauk, stated the notification for the June hearing was not given correctly and presented copies of a mailing list he had obtained from the City Clerk's Office that did not have his name on it. He requested the City Council have a rehearing on the tentative tract map. Speaking in favor of staff recommendation: Ann Radosevich, 12844 Montauk Street Russ Haley, 10721Treena Street, San Diego, representing Shea Homes Councilmember Rexford asked what our obligation is if the residents can provide proof that they did not receive notice of the June hearing. 5403 Page 4 - CITY OF POWAY - January 17, 1995 City Attorney Eckis stated that by law our obligation is to put the notice in the mail. We do not have to prove it was delivered. The time for judicial review is past and he does not feel the court would require reconsideration of the map. Council questioned why Mr. Diaz' name was not on the list he presented and Mayor Higginson called for a recess at 8:15 p.m. in order for the City Clerk to get the tentative tract map file from her office. CALL TO ORDER Mayor Higginson called the meeting back to order at 8:35 p.m. and stated that the list in the City Clerk's Tentative Tract Map 94-02 file is not the list submitted by Mr. Diaz. Councilmember Emery stated we have never had this many people state they did not receive notice and if another hearing is appropriate, how can we accomplish that. City Attorney Eckis stated the matter of a rehearing is not an issue at this meeting. The Council can either approve the variance and development review or deny them. Motion by Councilmember Cafagna, seconded by Mayor Higginson to approve staff recommendation. Motion failed 2-3 with Councilmembers Callery, Emery and Rexford voting "no." City Attorney Eckis suggested the applicant be asked if he would agree to a continuance with the possibility that the City Council may determine to rehear themap. In response to query from Mr. Haley, City Attorney Eckis stated that the time for challenge by a third party has passed, however the City Council can reconsider its own action. Mr. Haley asked for a recess to meet with the City Attorney and staff regarding his options. Motion by Councilmember Emery, seconded by Councilmember Cafagna to trail this item. Motion carried unanimously. ITEM 6.1 (203-08) CONDITIONAL USE PERMIT 94-17 VARIANCE 94-10 APPLICANTS: RIC AND BARBARA DUDECK REQUEST FOR REHEARING Mayor Higginson stated that because of the incomplete public notice the City Council will have to rehear this application. Motion by Mayor Higginson, seconded by Councilmember Emery to grant a rehearing for Conditional Use Permit 94-17 and Variance 94-10 on February 28, 1995. Because this is past the forty days by which a hearing is required to be held by the Municipal Code, Mr. DuDeck agreed to the proposed date. Motion carried unanimously. 5404 Page 5 - CITY OF POWAY - January 17, 1995 RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 9:10 p.m. in order for the staff to meet with the representative of Shea Homes. He called the meeting back to order at 9:34 p.m. with all Councilmembers present. ITEM 4 (203-04) VARIANCE 94-13 DEVELOPMENT REVIEW 94-07 APPLICANT: SHEA HOMES Mayor Higginson announced the Council would resume the public hearing on this item. City Attorney Eckis stated he would recommend a continuance to February 14, 1995 since this is the first meeting all five Councilmembers will be present, in order to provide more information regarding the issue of the notice that was given. At that meeting the City Council will make a determination whether the notice was adequate. If they find it was, then they can make a determination on the variance and development review. Mr. Haley stated he would consent to a continuance for that purpose. Motion by Councilmember Callery, seconded by Councilmember Emery to continue consideration of Variance 94-13 and Development Review 94-07 to February 14, 1995. Motion carried unanimously. ITEM 5 (1110-01) FUNDING STATUS SCRIPPS POWAY PARKWAY EAST Staff report by City Manager Bowersox. The estimated total project cost for the Scripps Poway Parkway from Stowe Drive to Sycamore Canyon Road is $39,730,000 including nine cost reduction measures detailed in this report. Approximately $11,000,000 of construction responsibility by the Parkway Business Centre will not be completed. Current approved project funding is estimated to be $32,366,000. The project deficit is $7,364,000. Staff recommends several fund transfers from other sources to make up the deficit. Gall Trunnell, 13314 Neddick Avenue, stated if there are projects other than light industrial built south of the Parkway additional berming is needed to protect the residents. Mayor Higginson requested this item be added to the EIR for the proposed amphitheater. Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt the amended financing plan for the Scripps Poway Parkway to match project costs with appropriated funding. Motion carried unanimously. 5405 Page 6 - CITY OF POWAY - January 17, 1995 ITEM 6 (1601-02) WATER TREATMENT PLANT IMPROVEMENT PROGRAM Staff report by City Manager Bowersox. The City Council authorized upgrading the Lester J. Berglund Water Treatment Plant in order to meet Federal and State drinking water treatment requirements. Staff has updated cost estimates and funding sources for the improvements and recommends their adoption. Motion by Councilmember Callery, seconded by Councilmember Emery to adopt the improvement program and financing plan including transfer of $211,450 from Fund 510-1714 to Fund 510-1718 and appropriation of $200,000 from the Sewer Fund Reserves to Fund 510-1718. Motion carried unanimously. ITEM 6.2 (706-02) COMMUNITY FACILITIES DISTRICT NO. 1 COMMUNITY FACILITIES DISTRICT NO. 88-1 DEBT SERVICE PAYMENT Staff report by City Manager Bowersox. The City has been notified by the County Tax Collector's Office that C.F. Poway Ltd. in CFD No. I and Parkway Business Centre in CFD 88-1 are delinquent on their first installment of special taxes for fiscal year 1994-95. Staff recommends adrawon the Districts' reserves to cover the debt service payments. Motion by Councilmember Emery, seconded by Councilmember Callery to authorize draws of $726,379.40 and $631,845.31 from the bond reserve fund balances of CFD No. I and CFD No. 88-1 for payment of debt service due on January 25 and February 8, 1995. Motion carried unanimously. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17A. Councilmember Rexford requested a status report on meetings with ADI. City Attorney Eckis stated it could be done in closed session since this is pending litigation. 17B. Councilmember Rexford requested a Councilmember be appointed as her alternate to ADAPT. 17C. Councilmember Rexford asked if pothole repair is scheduled. Director of Public Services Williams stated they are working on it as dry moments occur. It will be an ongoing project. 17D. Councilmember Rexford stated she had been told by a citizen that we could be printing Poway Today on less expensive paper and requested a report from staff. 18A. Mayor Higginson announced the following appointments to the Senior Issues Committee: Councilmember Rexford, Paul Markowitz, and Elaine Jeter. 5406 Page 7 - CITY OF POWAY - January ]7, ]gg5 18B. Mayor Higginson stated there are no agenda items scheduled for January 24, 1995 and requested concurrence to cancel the regular meeting. Motion by Councilmember Emery, seconded by Councilmember Cafagna to cancel the regular meeting of January 24, 1995. Motion carried unanimously. 18C. Mayor Higginson reconfirmed David Churchill as Councilmember Emery's appointment to the Redevelopment & Housing Advisory Committee. 18D. Mayor Higginson stated he would be serving as representative to the Wastewater Management District. ADJOURNHENT Mayor Higginson adjourned the meeting in memory of Leland Williams, husband of Margaret Williams and long-time Poway resident, who died last week. The time was 10:00 p.m. Marjorie/~. Wahlsten, City Clerk Secret~] 5407