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CC 1995 04-25 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 25, lg95 The April 25, 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, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Betty Rexford (Councilmember Rexford arrived at 7:01 p.m.) STAFF gENBERS PRESENT James Bowersox Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Steve Blackwood Penny Riley Marie Lofton City Manager 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 Safety Services Sheriff's Lieutenant Senior Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PROCLAMATION Mayor Higginson presented a Proclamation for "Year of the Veteran, 1995" to Dan Kreyling of the United Veterans Council; Robert Sniffen and Jim Graig of San Diego Veteran Services. PUBLIC OIU~L COggUNICATIONS Mayor Higginson announced that because he had to leave early, he was going to trail Public Oral Communications until after New Public Hearings. CONSENT CALENDAR Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: 5482 Page 2 - CITY OF POWAY - April 25, 1995 Approval of Minutes - City Council March 30, 1995, Adjourned Regular Meeting April 4, 1995, Regular Meeting April 11, 1995, Canceled Regular Meeting 11. Ratification of Warrant Register for period of April 3-7, 1995. (401-10) 12. Denial of claim for damages: A) Steven M. Roberts; and B) Brittany A. Roberts. {704-13) 13. Concurred with staff determination that roller related sports and training is in substantial conformance with the intent of activities and sports authorized under Conditional Use Permit 94-04, Steve, Donna and Maxine Dix applicants, Tek-Ice Arena located at 12330 Stowe Drive. {203-08) 14. Award of bid for Orange Blossom Drainage Project to Western Pacific Construction in the amount of $49,987.00 (1421). {602-01 #1064) 15.1 Approval of City's Investment Report as of March 31, 1995. (4o8-ol) 15.2 Award of bid for the Water Treatment Plant and Distribution/Collection SCADA (Supervisory Control and Data Acquisition) System Improvement project to Pacific Envirosystems, Inc., in the amount of $845,004. (1718) (602-01 #1063) Motion carried unanimously. ITEM 4 (203-24) MINOR CONDITIONAL USE PERMIT 95-02 APPLICANT: POWAY ACADEMY OF HAIR DESIGN Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to relocate an existing beauty college with an enrollment of 60 students from their present location at 14034 Poway Road to a larger facility in the Lively Center, located at 13268 Poway Road. Staff recommends approval. Speaking in favor of staff recommendation: Kathy Shawl, 13239 Ann-O-Reno Lane, stated she lives adjacent to the school's present location and the students are currently parking on her residential street which causes parking problems for the residents. She requested Council look at this, should there be a problem with the relocation. Motion by Mayor Higginson, seconded by Councilmember Callery, to close the public hearing and adopt Planning Resolution P-95-21, entitled "A Resolution of the City Council of the City of Poway, California, Approving Minor Conditional Use Permit 95-02, Assessor's Parcel Number 317-101-42" and, if Poway Hair Design does not relocate, bring parking problem back to Council for resolution. Motion carried unanimously. 5483 Page 3 - CITY OF POWAY - April 25, 1995 ITEM 5 (602-01 #1060 & 1061) COMPREHENSIVE ENERGY RETROFIT AND CONSERVATION PROGRAM Mayor Higginson opened the public hearing. Staff report by Director of Public Services Randy Williams. Three energy conservation firms have been interviewed for the purpose of evaluating ways the City could save energy. It has been determined the City would benefit to upgrade and/or replace heating, ventilating, air conditioning, lighting, irrigation equipment, and mechanical systems at City facilities to make it operate in a more efficient and cost effective manner. The cost of the improvements are paid for from the savings realized by reduced costs of operation, utility company rebates, and energy savings. The program is designed to be self-funding and does not require any up-front capital expenditures. Staff has established guidelines in the scope of work that would maximize savings benefits to the City and recommends entering into a performance contract with Southland Industries to provide the design, installation and maintenance for the energy management needs of the City; and enter into an energy conservation rebate agreement with SDG&E for the capital portion of the project. There was no one present wishing to speak. Council inquired what the total cost of retrofitting would be, and how the savings will be realized. Director Williams stated it would be an estimated $600,000 capital expense paid for by Southland Industries and repaid by the City with money saved on utilities. In the contract, Southland will guarantee the savings and if they are not realized, Southland will pay the difference. Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing and adopt staff recommendation. Motion carried unanimously. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications and announced that Deputy Mayor Callerywould take over the meeting. Mayor Higginson left the meeting at 7:16 p.m. The following persons were present wishing to speak: David Hamann, 17033 Coyote Court, representing eight property owners, requested Council reconsider CUP 86-08M, Chabad of Poway, heard on April 18, 1995, because the Variance was not included on the Notice of Public Hearing; pertinent information was not disclosed to them when they contacted the Planning Department; and the Notice of Public Hearing was too brief to alert property owners to the size and scope of the proposed facility. City Manager Bowersox stated he would ask the City Attorney to look at the adequacy of the Notice and bring a report back to Council. Joye Davisson, 13733 Celestial Road, representing ARTS ALIVE!, invited the public to the "Rites of Spring" annual fund raiser for the Performing Arts Center. 5484 Page 4 - CITY OF POWAY - April 25, 1995 ITEM 6 (1403-06) WEED ABATEMENT APPEALS Staff report by City Manager Bowersox. Section 8.76.070 of the Poway Municipal Code gives any property owner the right to appeal the "Notice to Clean Premises" within ten days. Notices were given on April 3, 1995, and no appeals have been received. There was no one present wishing to present an oral appeal. ITEM 7 (205-01) REVIEW OF FY 1995-96 FINANCIAL PLAN AND S-YEAR FISCAL FORECAST City Manager Bowersox stated a member of the Budget Review Committee has requested they be allowed to review this report before it goes to the City Council. The Committee begins their meetings tomorrow and staff recommends this report be removed from calendar. Council concurred. ITEM 8 (1504-10) DESIGNATION OF SITE FOR SHERIFF'S SUBSTATION City Manager Bowersox stated the Real Property Division of the County of San Diego has requested this item be removed from calendar to allow more time to resolve some issues in the Memorandum of Understanding including size of the facility and value of the site. Council concurred. ITEM 8.1 (209-01) RELOCATION OF AUTO DEALERS Staff report by City Manager Bowersox. At the March 21, 1995 meeting, the City Council discussed possible alternative land uses that could be considered for the South Poway Business Park, including the relocation of the auto dealers from Poway Road to the South Poway Business Park. While this idea has merit, the use of Redevelopment funds for this purpose appears to have been precluded by the passage of AB 1290, which went into effect on January 1, 1994. Without assistance from the Redevelopment Agency, it would be cost-prohibitive to try to relocate these businesses. Council concurred to receive and file. ITEM 8.2 (1180-05) REQUEST TO CO-SPONSOR FAMILY DAY AT LAKE POWAY Staff report by City Manager Bowersox. For Parents' and Kids' Sake is requesting the City of Poway co-sponsor their first "Family Day at Lake Poway" from 10:00 a.m. to 5:00 p.m., on Sunday, May 21, 1995. This fund raising event is also being sponsored by Target Stores and is supported by local businesses. Staff is recommending the City Council authorize co-sponsorship of this event and waive the parking fees, facilities fees, and fishing fees. 5485 Page 5 - CITY OF POWAY - April 25, 1995 Speaking in favor of staff recommendation: Neville Bothwell, 12951Metate Lane, President of For Parents' and Kids' Sake, invited Council, staff and their families to attend. Motion by Councilmember Cafagna, seconded by Councilmember Rexford, to approve staff recommendation. Motion carried 4-0 with Mayor Higginson absent. CXTY MANAGER XTEMS 16. City Manager Bowersox wished his secretary, Elaine Wilcox, a Happy Birthday. MAYOR AND CITY COUNCIL-INITIATED ITEMS 20. A. Councilmember Emery announced he will not be able to attend the May 2, 1995 Council meeting. Councilmember Emery asked City Attorney Eckis if his appointment of Bill Cross to the Poway Housing Commission would be a conflict since Mr. Cross is named as a plantiff in the lawsuit with Poway Royal Estates. City Attorney Eckis responded that he could not see a conflict. Bill Cross stated he was in the process of having his name removed from the lawsuit. 19. Deputy Mayor Callery announced Councilmember Emery's appointment of Bill Cross to the Poway Housing Commission. ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Deputy Mayor Callery ordered the meeting adjourned to 5:00 p.m., Thursday, April 27, 1995. The time of adjournment was 7:35 p.m. Marjorie~. Wahlsten, City Clerk City of Poway 5486 NO TICE NOTICE IS HEREBY GIVEN THAT THE APRIL 25, 1995, REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE FOLLOWING ORDER: Dated: ORDER OF ADJOURNMENT Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Deputy Mayor Callery ordered the meeting adjourned to 5:00 p.m., Thursday, April 27, 1995 in the City Council Chambers, 13325 Civic Center Drive, Poway, California. The time of adjournment was 7:35 p.m. Marie Lofton, DepDty City Clerk City of Poway, California April 26, 1995 CERTIFICATION The undersigned does hereby certify under penalty of perjury, that a copy of the above notice was posted on or near the door of the City Council Chambers, the place designated for regular meetings of the City Council at approximately 10:00 a.m. Dated at Poway, California, on April 26, 1995 arie Lofton, Depu~ty City Clerk City of Poway, California