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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. 5489 Page 2 - CITY OF POWAY - May 2, 1995 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. 5490 Page 3 - CITY OF POWAY - May 2, ]995 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." 5491 Page 4 - CITY OF POWAY - May 2, lg95 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 5492 Page 5 - CITY OF POWAY - May 2, 1995 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 5493 Page 6 - CITY OF POWAY - May 2, 1995 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. 5494 Page 7 - CITY OF POWAY - May 2, 1995 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 5495