CC 1995 01-31 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
~ANUARY 31, 1995
The January 31, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Deputy Mayor Callery at the City
Council Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford
COUNCILMEMBERS ABSENT
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
Jim Marmack
Penny Riley
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
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Emery led the Pledge of Allegiance°
CERTIFICATE OF COMMENDATION
Deputy Mayor Callery read a Certificate of Commendation for Riley D. Fleischman
for his years as a volunteer with the Poway Sheriff's Station, the Poway
Volunteer Senior Patrol, and the Poway City Park Rangers. The Certificate was
presented by Sheriff's Captain Jim Marmacko
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Callery explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
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Richard Ludwig, 12720 Metate Lane, spoke about an increase in military
aircraft noise over Poway, particularly at night. Staff will report back.
Jim Francella, 13103 Golden Way, cited a long-term drainage problem on his
property that needs resolution. Staff will report back.
(1170-05)
CONSENT CALENDAR
City Manager Bowersox stated staff will pull Item 14 from the Consent Calendar
in order to report more fully on the investment report.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
o
Approval of Minutes - City Council
December 13, 1994, Regular Meeting
December 20, 1994, Cancelled Regular Meeting
December 27, 1994, Cancelled Regular Meeting
10. Ratification of Warrant Registers for periods of January 2-6, 1995;
January 9-13, 1995. {401-10}
12.
Acceptance of improvements and release of securities for Creekside Plaza,
Tentative Tract Map 90-05, ADI Properties applicant; located on the south
side of Poway Road between Community and Midland Roads. (602-01 #965)
13.
Authorize acquisition of right-of-way and mitigation land for Scripps
Poway Parkway East, located east of Sycamore Canyon Road west of SR 67;
Khoury et al., and Mr. & Mrs. Robert Williams owners. (1002-01R)
14.1
Authorize acquisition of 80 acres of right-of-way and mitigation land for
Scripps Poway Parkway East, located one-half mile west of SR 67 and Rio
Maria; RGB Properties owner. (1002-01R)
14.2
Adoption of Resolution No. 95-003, entitled, "A Resolution Appointing an
Engineer of Work for Assessment District No. 95-01 {High Valley Road
System Improvements)", Berryman & Henigar; approving an amendment to the
agreement between the City and the County to allocate County Service Area
5 funds for a preliminary road design; and appropriating $225,000 from the
City of Poway to the High Valley Road realignment project. (705-13}
Motion carried 4-0 with Mayor Higginson absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 94-19
APPLICANT: SANDRA SENIOR
Deputy Mayor Callery opened the public hearing.
Staff report by City Manager
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Bowersox. This is arequest to legalize an existing horse boarding facility with
up to 75 horses at 14905 Garden Road. This stable has been in operation since the
mid-1970's. The property is 6.45 acres and approximately one-half is located
within the lO0-year floodway. A small secondary house provides worker housing
and is proposed to be a part of the conditional use permit. Staff recommends
approval.
Speaking in favor of staff recommendation:
Terry Senior, 14353 Twin Peaks Road
James Beaver, 14859 Garden Road
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing, issue a Negative Declaration with mitigation measures, and adopt
Planning Resolution No. P-95-07, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Conditional Use Permit 94-19, Assessor's
Parcel Number 323-070-62." Motion carried 4-0 with Mayor Higginson absent.
ITEM 6 (203-04)
VARIANCE 94-14
APPLICANT: ROBERT J. MAUS
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. This is a request to relocate a 170 square foot detached storage
building on the residential property at 16121 Del Norte to encroach 10 feet into
the required 20 foot side yard setback. 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 Planning Resolution No. P-95-08, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 94-14,
Assessor's Parcel Number 275-353-01." Motion carried 4-0 with Mayor Higginson
absent.
ITEM 7 (701-12)
AMERICANS WITH DISABILITIES ACT
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. The Americans with Disabilities Act (ADA) Transition Plan was approved
by the City Council in January, 1993. Federal law requires that all readily
achievable barriers be removed by January 26, 1995. Staff recommends the City
Council receive and file the status report on completing the projects.
Speaking in favor of staff recommendation:
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James McVay, 1205 Savoy Street, San Diego, representing the Disabled
Opportunity Center, pointed out areas where the City is not yet in
compliance, but congratulated the City on its progress.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to receive and
file the report. Motion carried 4-0 with Mayor Higginson absent.
ITEM 7.1 (706-01)
JUDICIAL FORECLOSURE
COMMUNITY FACILITIES DISTRICT #1
Staff report by City Manager Bowersox. CF Poway, Ltd. is delinquent in the
payment of the first installment of its 1994-95 special taxes for Community
Facilities District No. i in the amount of $893,635.52. These taxes cover the
debt service payment which was due to be paid to the Fiscal Agent on January 25.
On January 17, 1995 the City Council authorized a draw on the bond reserve funds
to cover the shortfall for the debt service payment and the City Council, acting
as Directors for the District, is required to initiate judicial foreclosure
against the delinquent property owner.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt
Resolution No. 95-004, entitled, "A Resolution of the City Council of the City
of Poway, California, Acting as the Legislative Body of South Poway Community
Facilities District No. I of the City of Poway (Pomerado Business Park) Ordering
Judicial Foreclosure of Delinquent Special Taxes Pursuant to the Mello-Roos
Community Facilities Act of 1982, and Ordering that the Tax Collector be Credited
with Those Special Taxes." Motion carried 4-0 with Mayor Higginson absent.
ITEM 14 (408-01)
CITY'S INVESTMENT REPORT
City Manager Bowersox stated that, as requested by the City Council, the
investment report will be presented under staff reports once a quarter in order
to report more fully on the status of various investments. Director of
Administrative Services Stewart stated the City currently has $23 million in the
County of San Diego Pool. They do not anticipate realizing any losses such as
those experienced in Orange County because they don't anticipate needing to
redeem any securities before their maturity date.
Councilmember Cafagna asked if staff was confident about the cash flow ability
of the Pool over the next two years. Director Stewart stated each agency has
given cash flow estimates to the County Treasurer. The County has hired a
Financial Advisor to analyze the portfolio and advise on the liquidity.
Councilmember Emery stated County Treasurer Boland had made a presentation to the
Metropolitan Transit Development Board and gave verbal assurance that the Pool
can meet the cash flow needs of the various agencies. Councilmember Cafagna
stated that assurance was based on "business as usual" assuming that the agencies
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would continue to reinvest in the Pool.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to accept and
file the City's Investment Report as of December 31, 1994. Motion carried 4-0
with Mayor Higginson absent.
CITY ATTORNEY ITEMS
16.
City Attorney Eckis requested a closed session to discuss existing
litigation, Smith v. All Persons and West Coast General v. City of Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
18A.
Councilmember Callery stated that at the Senior Issues Committee they had
received information about Project CARE which is a "safety net" program
for seniors and the disabled. It is currently in place in ChulaVista and
will be starting in Rancho Bernardo. It can include daily telephone
calls, medical information, and using various agencies such as letter
carriers, utility meter readers, refuse collectors and volunteers to watch
for signs that something is wrong such as mail accumulating. She
requested Council concurrence to direct staff to review Project CARE and
determine the feasibility of establishing a similar program in Poway.
Motion by Councilmember Callery, seconded by Councilmember Emery to so
direct staff. Motion carried 4-0 with Mayor Higginson absent.
18B.
Councilmember Callery requested the February 9, 1995 workshop regarding
amendment of the sign ordinance be rescheduled. The Committee working on
a proposal would like to have a general meeting with the public prior to
the workshop. Council concurred to hold the workshop on March 2, 1995 at
6:00 P.M.
20.
Councilmember Rexford suggested the City Council should hold a workshop to
discuss the South Poway Business Park and what types of uses would be
appropriate. If we want to move away from the industrial uses, what do we
want? Council concurred that setting some parameters on what the City
Council is willing to consider could be helpful for staff and potential
applicants. Staff will schedule.
CLOSED SESSION
Deputy Mayor Callery called for a closed session at 8:36 p.m. as requested by the
City Attorney.
CALL TO ORDER
Deputy Mayor Callery called the meeting back to order at 8:50 p.m. with all
Councilmembers present except Mayor Higginson. City Attorney Eckis announced a
judgment has been filed in the case Smith v. All Persons {Smith II} filed by the
Legal Aid Society. This suit attacked the General Plan and Redevelopment Plan
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Amendment and sought to have them declared invalid. It would have stopped all
development until a new General Plan was adopted. In September, 1994, the City
Council approved a settlement proposal. The judgment implementing that proposal
was filed on January 26, 1995. He reviewed the highlights of the order which is
on file with the City Clerk. Staff will begin immediately to implement the
judgment and will establish a procedure to carry it out.
ADgOURNHENT
Deputy Mayor Callery adjourned the meeting at 8:55 p.m. on motion by
Councilmember Emery, seconded by Councilmember Cafagna.
Marjo)~ie~K. Wahlsten, City Clerk
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