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CC 1995 04-18 CITY OF POWAY, CALIFORNIA HINUTES OF THE CXTY COUNCIL REGULAR HEETING APRXL 18, 1995 The April 18, 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. COUNCILNENBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford, Don Higginson COUNCILNEMBERS ABSENT AT ROLL CALL Susan Callery (Councilmember Callery arrived at 7:02 p.m.) STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Bob Thomas Mark Weston Warren Shafer Mark Sanchez Steve Streeter Steve Blackwood Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Redevelopment Services Director of Safety Services Principal Planner Sheriff's Lieutenant Senior Management Analyst PLEDGE OF ALLEGIANCE Councilmember Emery led the Pledge of Allegiance. PROCLAHATION Mayor Higginson proclaimed April 23-29, 1995 as "National Infant Immunization Week" and May, 1995 as "Toddler Immunization Month," and presented the proclamation to Mary Sammer with the American Red Cross. PRESENTATIONS Ao Mayor Higginson presented an Employee Suggestion Award certificate and $75 to Pattie Cook, secretary in the Engineering Services Department, for her suggestion regarding City letterhead. Vicki Campbell, Field Representative for Assemblyman Jan Goldsmith, presented an Assembly Resolution to Elaine Wilcox, Secretary to the City Manager, for her recent life-saving efforts. 5473 Page 2 - CITY OF POWAY - April 18, 1995 PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Vicki Campbell, field representative for Assemblyman Jan Goldsmith, reviewed various legislation with the City Council. Ric DuDeck, 12859 Luiseno Drive, stated his neighbor is building a second story on top of his garage that will have a view directly into the Dudeck's bedroom and the home on the other side. City Manager Bowersox stated Planning Services staff will visit the site tomorrow. {1180-03) CONSENT CALENDAR Councilmember Emery pulled Item 19 from the Consent Calendar. Councilmember Cafagna requested additional information on SB 1122 on Item 25. Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: 15. Approval of Minutes - City Council March 14, 1995, Regular Meeting March 21, 1995, Regular Meeting March 28, 1995, Regular Meeting 17. Ratification of Warrant Registers for period of March 20-24, March 27-31, 1995. (401-10) 18. Appropriation of $5,000 to modify the existing concession building at the Poway Community Swim Center to be used as a vending machine concession. (1401-01) 19. Appropriation of $12,681 for a Portable Pool Program at Poway Community Swim Center. {1401-01) 20. Award of contract to Rapid Sign and Graphics to prepare and maintain the advertising sign panels for the Poway Events Kiosk Sign Program and structures. (602-01 #1057) 21. Authorization to acquire mitigatior APNs 324-011-07 and -09 from Vernor land for Scripps Poway Parkway East: and Marie Novak for $230,488.50. (1002-01R) 22. Approval of First Amendment to the agreement between the County of San Diego and the City of Poway for Public Transportation Services for FY 1994-95 through FY 1996-97 and authorization for SANDAG to implement the appropriations from Poway's unallocated TDA Reserve as approved by the City Council on March 28, 1995. (602-01 #35) 5474 Page 3 - CITY OF POWAY - April 18, lgg5 23. Approval of First Amendment to the agreement with the Metropolitan Transit District Board (MTDB) to regulate taxicabs in the City of Poway. (602-01 #854) 24. Award of bid for Water Treatment Plant Upgrade to C.E. Wylie Construction Company in the amount of $5,700,672 (1718); authorization for transfer of $440,000 from Fund 432-8912 to Project 1718; appropriation of $300,000 from the Sewer Fund Reserves; an increase in the Revenue Bond amount from $2,500,000 to $2,915,300; and adopt Resolution No. 95-020, entitled, "Resolution of the City Council of the City of Poway Regarding Its Intention to Issue Tax-Exempt Obligations." {602-01 #1058) 25. Adoption of the following positions on pending legislation: support AB 1715 which initiates a pilot housing element self-certification for the San Diego region; support AB 1731 which authorizes local government to meet housing needs by identifying adequate sites or through substantial rehabilitation of current housing stock; support AB 309 which authorizes issuance of $500 million in state bonds for library construction; support AB 138 which would allow local governments to obtain a waiver from the prevailing wage schedule if the project is funded by a portion of local dollars; support AB 135 which would extend the $1.00 fee on a vehicle registration indefinitely to fund the Abandoned Vehicle Abatement Program; support AB 563 which excludes a city from liability for cost or damages that result from hazardous materials contamination on a municipal right- of-way if it was not caused by actions or omissions of the city; support AB 282 which would allow cities and redevelopment agencies to review properties which are requesting reduced assessments; oppose AB 142 which is an attempt to bring the Public Records Act into the electronic age; and support SB 623 as an enforcement mechanism to combat cable television signal theft. (701-11) Motion carried unanimously. ITEM 6 (701-04) ORDINANCE NO. 443/SECOND READING SPECIAL EVENTS SIGNAGE Mayor Higginson read the title of Ordinance No. 443, "An Ordinance of the City of Poway, California, Amending Chapters 17.26 and 17.40 of the Poway Municipal Code Concerning Temporary Uses and Temporary Signage." Staff report by City Manager Bowersox. This is second reading of an Ordinance amending the zoning ordinance regarding temporary uses and temporary signage. Speaking in favor of staff recommendation: Ann Calvert, Vice President of the Chamber of Commerce, 15245 Ridgeview Place, stated she had served on the sign ordinance task force. She commended the City Council for Director of Planning Services Wright- 5475 Page 4 - CITY OF POWAY - April 18, lg95 Quastler's excellent staff assistance and urged adoption of the ordinance. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Ordinance No. 443. Motion carried unanimously on a roll call vote. ITEM 7 (203-08) CONDITIONAL USE PERMIT 86 -08 DEVELOPMENT REVIEW 95-05 APPLICANT: CHABAD OF POWAY Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a new religious complex consisting of a sanctuary, fellowship hall, classrooms and offices on a 1.1 acre parcel which presently houses a temporary complex at 16934 Old Espola Road. Staff recommends approval. Speaking in favor of staff recommendation: Rabbi Goldstein, 16934 Old Espola Road Councilmember Callery expressed concern regarding how close this will be to the street and if the neighbors are aware of the proposed design. Motion by Mayor Higginson, seconded by Councilmember Emery to close the public hearing, issue a Negative Declaration with mitigation measures, and adopt Planning Resolution No. P-95-19, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 86-08 Modification, Development Review 95-05 and Variance 95-03, Assessor's Parcel Number 273-820-15." Motion carried 4-1 with Councilmember Callery voting "no." ITEM 8 (203-08) CONDITIONAL USE PERMIT 85-03M{3) VARIANCE gS-02/DEVELOPMENT REVIEW 95-06 APPLICANT: JIM HARRIS/TOWNSEND DODGE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to add a 5,473 square foot service and parts area to the Townsend Dodge auto dealership at 14010 Poway Road with a variance to allow a portion of a 760 square foot service write-up booth to encroach completely into the required ten foot side yard setback. Staff recommends approval. Speaking in opposition to staff recommendation: Michael Sheridan, 14063 Jean-O-Reno, objected to employees of the dealership parking in front of their homes and stated the service department uses 5476 Page 5 - CITY OF POWAY - April 18, 1995 their neighborhood streets to test drive cars. Jerry Green, 13311 Via Stephen, stated he has the same concerns as Mr. Sheridan. He also stated the air compressors go on and off during the night and trucks make deliveries which is very disturbing to the residents' sleep. Speaking in favor of staff recommendation: Robert Townsend, 14010 Poway Road, stated he has issued a policy to his employees not to park or test cars in the neighborhood. The compressor will be enclosed with the new construction. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-gs-20, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Modification to Conditional Use Permit 85-03M(3) and Variance 95-02 and Development Review 95-06, Assessor's Parcel Number 323-190-68, 69," amended to prohibit employee parking and car testing in the neighborhood to the north, and requiring the air compressor to be shut down at night. Motion carried unanimously. ITEM 9 (701-04) ORDINANCE NO. 445/FIRST READING ROOF AND FACIA MOUNTED SATELLITE DISH ANTENNAS Mayor Higginson opened the public hearing and read the title of Ordinance No. 445, "An Ordinance of the City of Poway, California, Amending Section 17.37 of the Poway Municipal Code to Allow Roof and Facia Mounted Satellite Dish Antennas in Residential Zones (ZOA 94-04)." Staff report by City Manager Bowersox. Currently, roof mounted satellite dishes are prohibited because of their visual impacts, however, the new smaller dishes are unobtrusive and it is recommended the Zoning Code be amended to allow them under certain conditions. In response to Council query, Principal Planner Streeter stated a no fee permit will be required. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Emery to issue a negative declaration and set second reading for Ordinance No. 445 for May 2, lggs. Motion carried unanimously. ITEM 10 (1001-02) RIGHT-OF-WAY ACQUISITION MIDLAND ROAD SEWER PROJECT Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. There is the necessity to acquire approximately 6,670 square feet of property near the terminus of Midland Road, north of Twin Peaks Road, for the 5477 Page 6 - CITY OF POWAY - April 18, 1995 construction of the Midland Road Sewer. Councilmember Cafagna disqualified himself from consideration of this item and left the room. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Mayor Higginson to close the public hearing and adopt Resolution No. 95-021, entitled, "Resolution of the City of Poway Finding and Determining the Necessity that Certain Property be Acquired Under Eminent Domain Proceedings; Directing the City Attorney to Commence a Court Action for Said Purpose. (Thomas: APN 314-650-26)." Motion carried 4-0 with Councilmember Cafagna disqualifying himself. ITEM 11 (1206-05) SOUTHWESTERN CABLE PROPOSED CHARGES Staff report by City Manager Bowersox. Southwestern Cable TV has submitted its FCC Form 1205 to the City. Based on the City's cable consultant review, staff is recommending that the City Council determine that Southwestern's proposed charges for equipment and installation costs are in substantial conformity to the applicable FCC regulations. The new charges will result in an overall decrease in costs for cable subscribers. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to approve staff recommendation. Motion carried 4-0 with Councilmember Cafagna out of the room. (Councilmember Cafagna re-entered the meeting.) ITEM 12 (602-01 #223R) AFFORDABLE HOUSING NEEDS ASSESSMENT AFFORDABILITY GAP ANALYSIS Staff report by City Manager Bowersox. Under the judgement entered in Smith v All Persons, the Redevelopment Agency is required to conduct several studies and to use the services of David Rosen to perform these studies. Staff recommends approval of an agreement with David Paul Rosen & Associates to complete a Needs Assessment and an Affordability Gap Analysis in a form approved by the City Attorney, and to appropriate the contract cost of $83,500. This item was continued from the meeting of April 4, 1995 in order to get more information for the City Council regarding how the amount of the contract was determined and how the City/Agency could insure effective cost control. The cost was based on the preparation of similar documents for other public agencies in California. Motion by Councilmember Emery, seconded by Councilmember Calleryto approve staff recommendation. Motion carried unanimously. 5478 Page 7 - CITY OF POWAY - April 18, 1995 ITEM 13 (602-01 #221R) AFFORDABLE HOUSING PROJECTS CONTRACT WITH DAVID PAUL ROSEN Staff report by City Manager Bowersox. The Redevelopment Agency has approved a five-year implementation plan which includes development of affordable housing projects. In addition, the Smith Judgement further requires the Agency to develop these projects. The negotiation and development arrangements require expertise which is unavailable on staff. There is an existing agreement with David Paul Rosen and Associates, and staff recommends an amendment of the contract of $100,000 which will increase the contract amount to $135,000. Council continued this item from April 4, 1995 for more information. Councilmember Cafagna stated he had asked the questions at the April 4, lg95 and he has reviewed the agreement and feels staff will keep an eye on the expense. Mayor Higginson pointed out that these were negotiated items with Mr. Rosen. Motion by Councilmember Callery, seconded by Councilmember Cafagna to approve staff recommendation. Motion carried unanimously. ITEM 14 (1503-17) METRO SEWER BILLS FOR 1994-95 Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. The City of San Diego has billed us $2,115,037 for three quarters of 1994-95 which represents the full allocation of all improvement costs minus Mayor Golding's concessions for the Clean Water Program. The current billing raises many fundamental questions about appropriateness of certain charges. In May 1994, San Diego calculated Metro sewer rates expressed as "Contract" and "Fair Share". Many member agencies dispute the ability of San Diego to charge a Fair Share under the current contracts and feel they are not obligated to pay for many of the improvement costs until the court case is settled; the waiver is granted; and the disputes under the contract are settled. Staff recommends paying the bill under protest and participate in a detailed audit of the Clean Water Program accounting and cost allocation methodology. Motion by Councilmember Emery, seconded by Mayor Higginson to approve full payment of the invoice for the first three quarters of Metro and Clean Water Program under protest; and authorize the City Manager to enter into an agreement with other members to fund an audit of accounting, cost allocation, and engineering analysis of all costs to determine appropriateness of costs assigned to the members. Motion carried unanimously. Mayor Higginson noted that because of the action taken on this item, it will not be necessary to hold a closed session to decide whether to initiate litigation which was placed on this agenda as Item 14B. 5479 Page 8 - CITY OF POWAY - April 18, lgg5 ITEM 14.1 (602-01 #1062) REGIONAL 800 MHz RADIO COMMUNICATIONS SYSTEM Staff report by City Manager Bowersox. Currently in the San Diego region, public safety agencies are utilizing aged and/or non-compatible communications systems. In the City of Poway, law enforcement, fire and public services are unable to talk on common radio frequencies. The County of San Diego is spear-heading the development of a regional 800 MHz radio system which will place all participants in common communication. They have formed County Service Area 135 for the purpose of funding the regional communications system. Zone F is coterminous with the City of Poway's boundaries. The CSA 135 fee will be $1.00 per benefit unit or $7.00 per single family dwelling. Zone F's benefit charges will not exceed $1.12 per benefit unit. The CSA will be for 15 years and the benefit charge will be set annually. Council discussed their ability to alter the benefit units charged to commercial if we can define the size of a business. Motion by Councilmember Emery, seconded by Mayor Higginson to adopt Resolution No. 95-022, entitled, "A Resolution of the City Council of the City of Poway, California Approving a Budget for County Service Area 135 - Zone F and Requesting the Levy of Benefit Charges for County Service Area 135 - Zone F," with the condition that commercial will be looked at more closely; and approve an Agreement for the Regional Communications System. Motion carried unanimously. ITEM 19 (1401-01) PORTABLE POOL PROGRAM Staff report by City Manager Bowersox. Staff is proposing to purchase a 15' x 30' portable pool to provide swim lessons for the 3 to 5 year old age group. There have been large waiting lists for the lower level swim classes during the past five summers of operation and this should solve that problem and generate additional revenue for the swim center. Councilmember Emery stated he had pulled this item from the Consent Calendar and asked what type of security there will be. Director of Community Services Thomas stated it will be inside the fence adjacent to the wading pool. In response to Mayor Higginson's question about the life of this pool, Director of Community Services Thomas stated it is about five years. Motion by Councilmember Emery, seconded by Councilmember Callery to approve the appropriation of $12,681 for the purchase and operation of a portable pool at the Community Swim Center. Motion carried unanimously. CITY MANAGER ITEMS 26A. City Manager Bowersox stated the Carson & Barnes Circus, sponsored by the Poway Lions Club, is scheduled to be in Poway this week-end in the South 548o Page g - CITY OF POWAY - April 18, 1995 Poway Business Park. They did not apply for a Temporary Use Permit in time to be approved by the City Council. Staff will issue one using the same conditions as they had two years ago. 26B. City Manager Bowersox showed an advertisement for Pierce Fire Trucks which uses the newest Poway Fire Department apparatus. This picture will be used in their world-wide advertising. 26C. City Manager Bowersox requested the City Council adjourn the meeting in memory of Nellie Wright, Director of Planning Services Wright-Quastler's mother who died last Friday. CITY ATTORNEY ITENS City Attorney Eckis requested a closed session be held in accordance with Government Code §54956.9(c} to decide whether to initiate litigation on two potential cases; and pursuant to §54956.9(a), existing litigation, in the cases of Poway Redevelopment Agency v. Parkway Business Centre Partners Ltd., and Poway Royal Mobile Home Owners Association v. the City of Poway. MAYOR AND CITY COUNCIL-INITIATED ITEMS 31. Councilmember Rexford stated she will not be able to attend the next ADAPT meeting and asked someone from staff to attend. 32. Mayor Higginson requested Councilmember Callery's and Councilmember Emery's appointments to the Housing Commission be scheduled on the agenda. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting into Closed Session as requested by the City Attorney at 8:35 p.m. He called the meeting back to order at 9:50 p.m. with all Councilmembers present. ADJOURNMENT Mayor Higginson adjourned the meeting at g:50 p.m. on motion by Councilmember Callery, seconded by Councilmember Rexford in memory of Nellie Wright, mother of Director of Planning Services Wright-Quastler. M~rjorie K. Wahlsten, City Clerk City of Poway 5481