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.
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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)
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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-
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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
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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
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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.
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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.
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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
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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
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