CC 1995 05-02 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR HEETING
MAY 2, 1995
The May 2, 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
Susan Callery, Betty Rexford, Don Higginson
COUNCILHEMBERS ABSENT AT ROLL CALL
Mickey Cafagna, Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Mark Sanchez
Jim Bentz
Jim Marmack
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
Community Services Manager
Sheriff's Captain
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:
Frank Goldsmith, 13027 Avenida la Valencia, representing the Clean
Foundation, stated he would not be able to attend the City Council meeting
next Tuesday and wanted to state his support for the proposed tobacco
ordinance.
Janet Shiba, President of the Poway Valley Senior Citizens, thanked the
City Council for their help in getting the senior center addition started.
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CONSENT CALENDAR
Motion by Councilmember Callery, seconded byCouncilmember Rexford to approve the
Consent Calendar as follows:
14. Ratification of Warrant Register for period of April 10-14, 1995(401-10)
15. Receive and file Community Swim Center Quarterly Report (December, lgg4-
March, 1995). {1401-01)
16.
Adoption of Resolution No. P-95-22, entitled, "A Resolution of the City
Council of the City of Poway, California approving Temporary Use Permit
95-13," Ranchos Cycling Club/Alan Tragarz, applicant, for a bicycle race
to be held in the South Poway Business Park on Sunday, May 14, 1995.
(203-07)
17. Appropriation of $1,000 for a contribution to Cities for Restoring Direct
Allocation of Motor Vehicle Leasing Tax Revenue. (1180-05)
18.
Approval of the following positions on pending legislation: oppose SB 27
and SB 14XX which prohibit specific investment securities; oppose SB 44
and SB 13XX which prohibit a local agency from delegating investment
authority to a treasurer for more than one year at a time; support SB 117
and SB 564 which require a local agency treasurer to file an annual
investment policy with the legislative body; support SB 861 which provides
that local agencies and their treasurers are trustees and fiduciaries;
support SB 864 which requires the County treasurer to prepare an annual
investment policy and requires a County treasury oversight committee to
review the report; support SB 866, which prohibits investments from
exceeding the term of tax anticipation warrants, revenue anticipation
notes and grant anticipation notes; support SB 867 which would limit the
investment in repurchase and reverse repurchase agreements to terms that
do not exceed one year; support SB 868 which would prohibit local agencies
from investing money in any security that could result in zero interest
accrual periods; oppose AB 1865 and ACA 24 which will permit voters to
require a public agency to seek voter approval before expending public
funds to bring legal action regarding items approved at a statewide
election; oppose AB 1392 which specifies that where plans have been
prepared for bidding a public project that is later done by in-house labor
the work be performed in strict conformance to the prepared plans; and
oppose SB 1073 which would increase the Department of Housing and
Community Development's authority over housing elements. {701-11)
Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
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ITEM 4 (701-04)
ORDINANCE 445/SECOND READING
ROOF-MOUNTED SATELLITE DISHES
Mayor Higginson read the title of Ordinance No. 445, "An Ordinance of the City
of Poway, California, Amending Chapter 17.37 of Title 17 of the Poway Municipal
Code to allow Facia and Roof Mounted Satellite Dishes in Residential Zones
Subject to Standards (ZOA 94-04)." Staff report byCity Manager Bowersox. Staff
is recommending the words "ground mounted" be eliminated from subsection H, to
read, "All satellite dish antennas in residential zones, regardless of height and
diameter, shall be screened from the view of adjacent or across the street
properties by the use of an architectural feature, fencing, and/or landscaping."
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Mayor Higginson to close the public
hearing, waive further reading, and adopt Ordinance No. 445. Motion carried 3-0
on a roll call vote, with Councilmembers Cafagna and Emery absent.
ITEM 5 (203-02)
TENTATIVE PARCEL MAP 95-02
APPLICANT: POMERADO MEDICAL CENTER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to convert the existing medical office complex at
15525 Pomerado Road, one block south of Pomerado Hospital, to office
condominiums. Staff recommends approval.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Callery to close the public
hearing and adopt Planning Resolution No. P-95-23, entitled, "A Resolution of the
City Council of the City of Poway, California Approving Tentative Parcel Map 95-
02 and Waiving Final Parcel Map Requirements, Assessor's Parcel Number 275-460-
49, 50." Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 6 (701-04)
ORDINANCE NO. 446/FIRST READING
MOBILE HOME INSPECTIONS
Mayor Higginson opened the public hearing and read the title of Ordinance No.
446, "An Ordinance of the City of Poway, California, Adding Chapter 15.28 to the
Poway Municipal Code Adopting Certain Provisions of Title 25 of the California
Code of Regulations Relating to Mobile Home Inspections, Except Fee and Penalty
Provisions, Pertaining to the Construction, Use, Maintenance, and Occupancy of
Mobile Homes."
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Staff report by City Manager Bowersox. The State Department of Housing and
Community Development generally has jurisdiction over all mobile home parks in
the State, however they are taking a position that they will not provide
inspection services to parks owned by a public agency. The City Attorney has
reviewed the State's legal position and feels it does not merit a legal
challenge. In order to provide the necessary inspection services, staff proposes
that Esgil Corporation, the City's designated Building Official, perform the
inspections. It is necessary to adopt standards used by HCD for these
inspections.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to waive
further reading and continue the public hearing to May 23, 1995 for second
reading. Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 7 (402-05)
FEES FOR MOBILE HOME INSPECTION SERVICES
AMENDMENT TO ESGIL CORPORATION'S CONTRACT
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. As a result of HCD's refusal to perform mobile home inspections in the
parks owned by the Redevelopment Agency and managed by the City it is necessary
to amend the contract with Esgil Corporation, the City's Building Official, to
perform the inspections and adopt a fee schedule.
Speaking in opposition to staff recommendation:
Louis Conrad, Amstar Homes, Inc., 13071 Poway Road, stated the proposed
fees are too high and there is a retired State mobile home inspector
available to do this work at a lower price.
Director of Redevelopment Services Sharer stated that cities doing their own
inspections can only charge what HCD charges.
Motion by Mayor Higginson, seconded by Councilmember Rexford to close the public
hearing and adopt Resolution No. 95-023 entitled, "A Resolution of the City
Council of the City of Poway, California Establishing Mobile Home Permit and
Inspection Fees," and authorize the City Manager to sign the addendum to Esgil
Corporation's contract. Motion carried 3-0 with Councilmembers Cafagna and Emery
absent.
ITEM 8 (1504-21)
COUNTY OF SAN DIEGO'S HOMELESS SHELTER
Staff report by City Manager Bowersox. On February 4, 1995, the San Dieqo Union
Tribune printed an article concerning the Sheriff's substation that included an
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unrelated statement that the San Diego County Board of supervisors is considering
the County-owned transit facility at the southwest corner of Pomerado and Oak
Knoll Roads as a possible location for a homeless shelter. Staff has determined
that County Social Services is mandated to review each site on the County's
surplus property list to determine if it could be used as a homeless shelter and
after a cursory review they put it on the list as suitable, however there are no
plans to construct such a shelter.
Council concurred to receive and file this report.
ITEM 9 (203-14)
DEVELOPMENT REVIEW 95-04
APPLICANT: LESTER WIEDERRICH
Staff report by City Manager Bowersox. This is a request to construct a 2,495
square foot medical office complex to replace the existing 1,697 square foot
building at 14103 Poway Road, the southeast corner of Poway Road and Welton Lane.
Staff recommends approval.
Speaking in favor of staff recommendation:
Lester Wiederrich, 14103 Poway Road
Councilmember Callery stated she is not sure she agrees with the post-modern
architecture but that will be discussed with the Poway Road Specific Plan.
Motion by Councilmember Callery, seconded by Councilmember Rexford to adopt
Planning Resolution No. P-95-24, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Development Review 95-04, Assessor's
Parcel Number 323-270-16." Motion carried 3-0 with Councilmembers Cafagna and
Emery absent.
ITEM 10 (705-07)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 83-1
ITEM 11 {705-09)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-1
ITEM 12 (705-11)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-2
ITEM 13 (705-12)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 86-3
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Staff report by City Manager Bowersox. Staff has prepared Resolutions of
Intention setting public hearings for four landscape maintenance districts to
levy and collect assessments for 1995-96.
Motion by Councilmember Callery, seconded by Councilmember Rexford to take the
following actions:
Adopt Resolution No. 95-024, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 83-1 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of $188.48 per year in
Zone A and $255.34 per year in Zone B, and setting public hearings for May 23 and
June 27, 1995.
Adopt Resolution No. 95-025, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-1 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of $261.00 per year in
Zone A and no assessment in Zone B, and setting public hearings for May 23 and
June 27, 1995.
Adopt Resolution No. 95-026, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-2 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of $186.16 per year in
Zone A and $240.90 per year in Zone B, and setting public hearing for June 27,
1995.
Adopt Resolution No. 95-027, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-3 for Fiscal Year 1995-96,"
approving the Engineer's Report recommending assessments of $163.00 per year in
Zone A and $113.80 per year in Zone B, and setting public hearings for May 23 and
June 27, 1995.
Motion carried 3-0 with Councilmembers Cafagna and Emery absent.
ITEM 13.1 (203-08)
CONDITIONAL USE PERMIT/REHEARING REQUEST
CHABAB OF POWAY
APPLICANT: SUSAN MCNABB
StaffreportbyCityManager Bowersox. The City Council approved Conditional Use
Permit 86-08M, Development Review 95-05 and Variance 95-03 for Chabad of Poway
at Espola Road and Old Espola Road on April 18, 1995. The Notice of Public
Hearing was defective and did not include the variance. The neighbors have filed
a written request for a rehearing. Staff recommends the City Council rehear the
variance only.
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Martin McNabb, 16951 Old Espola Road, requested that the entire matter be
reheard, not just the variance.
Rabbi Goldstein, 16934 Old Espola Road, requested that only the variance
be reheard.
Councilmember Callery indicated a preference to rehear the entire matter and
Mayor Higginson stated only the variance was defective. Since there were only
three Councilmembers present and any vote must be unanimous to pass, motion by
Mayor Higginson, seconded by Councilmember Rexford to continue this request for
rehearing to May g, 1995 when the entire City Council will be present. Motion
carried 3-0 with Councilmembers Cafagna and Emery absent.
CITY HANAGER ITEMS
19A.
19B.
City Manager Bowersox reported that AB 318 will prohibit cities from using
utility fund revenues for general fund purposes. The legislature has a
report showing 167 cities making a "profit," including Poway. The
"profit" number is the difference between revenues and operational
expenses and doesn't consider bond payments or reserve funds. Assemblyman
Goldsmith will present the facts at a hearing on May 3, 1995.
City Manager Bowersox stated the hearing on Bill Silva Presents' proposed
amphitheater is scheduled for July 18 at the Performing Arts Center.
CITY ATTORNEY ITENS
City Attorney Eckis requested a closed session to discuss existing litigation
pursuant to Government Code §54956.9(a}, Chilcote v. City of Poway.
HAYOR AND CITY COUNCIL-INITIATED ITEMS
24.
Councilmember Rexford stated she would like Council concurrence for her to
act as the City's representative to take San Diego County Water
Authority's Water Education Tours. Council concurred.
25. Mayor Higginson announced Victoria Hahn
appointment to the Housing Commission.
as Councilmember Callery's
CLOSED SESSION
Mayor Higginson recessed the meeting into closed session as requested bythe City
Attorney at 8:30 p.m.
CALL TO ORDER AND AD~OURNHENT
Mayor Higginson called the meeting back to order and adjourned the meeting at
9:02 p.m. on motion by Councilmember Callery, seconded by Councilmember Rexford.
Marjorie~.K. Wahlsten, City Clerk
City .of Poway
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