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CC 1995 05-23CITY OF POWAY, CALIFORNIA gINUTES OF THE CITY COUNCIL REGULAR gEETING gAY 23, 1995 The May 23, lggs, 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, Bob Emery, Don Higginson COUNCILMEMBERS ABSENT AT ROLL CALL Susan Callery, Betty Rexford STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Jim Marmack David Narevsky City Manager City Clerk City Attorney 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 Captain Redevelopment Manager PLEDGE OF ALLEGIANCE Councilmember Emery led the Pledge of Allegiance. PRESENTATIONS Mayor Higginson presented Certificates of Completion and Volunteer Park Ranger badges to Sean Rauch and Michael Fender. Mayor Higginson presented a check for $250 to Dianna Kochner of Abraxas High School for their Grad Nite activities. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Bill Rickles, 13725 Utopia Road, stated he wished to give a tribute to veterans who made it possible for us to have freedom of speech. 5510 Page 2 - CITY OF POWAY - May 23, 1995 Peggy Collette, 13969 Bernadotte Lane, stated the City Council should appoint a citizens panel and outside independent counsel to review the trash franchise issue. City Attorney Eckis stated that Paul Pfingst, the District Attorney, has received a letter from a Poway citizen regarding the trash franchise and we have indicated we will cooperate fully if there is an investigation. Jack Cook, 18562 Locksley Street, San Diego, President of the Pomerado Community Band, thanked the City Council for their support. He thanked staff members Bob Thomas, Jim Bentz, LaDonna Green and volunteer rangers for helping to make their community band festival a success last week-end. Charles McLauchlan, P.O. Box 12, stated he is trying to cooperate with City staff regarding the proposed amphitheater since it will impact his property, and he wants to have some input into the process. CONSENT CALENDAR City Manager Bowersox stated that staff recommends Item 22 be continued for four weeks and the applicant has requested continuance of Item 24 for two weeks. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 16. 18. 19. 20. 21. Approval of Minutes - City Council April 18, 1995, Regular Meeting April 25, 1995, Regular Meeting April 27, 1995, Adjourned Regular Meeting Ratification of Warrant Register for period of May 1-5, 1995. (401-10) Approval of the acquisition of two 20-foot sewer easements for the Midland Road/Orange Blossom sewer project: 1) Joseph Czarzasty, in the amount of $3,600, located north of the existing terminus of Midland Road at Orange Blossom Lane; and 2} DWHLS, L.P., a California Limited Partnership, in the amount of $1,000, located southwest of the terminus of Budwin Lane. (1001-02) Adoption of Resolution Ho. 95-033, entitled, "A Resolution of the City Council of the City of Poway Ordering the Summary Vacation of an Irrevocable Offer of Dedication of a Public Highway Easement Recorded December 8, 1980 in the Office of the County Recorder of San Diego County (Vacation 95-01)", on Midland Road from Orange Blossom Lane to Del Poniente Road. {VAC 95-01) (1002-06) Adoption of Resolution No. 95-034, entitled, "A Resolution of the City Council of the City of Poway Ordering the Summary Vacation of an Easement for County Highway Recorded March 6, 1969 in the Office of the County Recorder of San Diego County (Vacation 95-02)" on Midland Road from Orange Blossom Lane to Del Poniente Road. (VAC 95-02) (1002-06) 5511 Page 3 - CITY OF POWAY - May 23, 1995 22. Continue Approving Advance Retirement of Bonds for Assessment District No. 79-1 to June 20, 1995. Assessment District 79-1 was created to fund public improvements for the installation of a water system and appurtenances for properties in the eastern portion of Poway. (405-02) 23. Approval of amendment to Agreement with the County of San Diego for Management and Implementation of an Eighteenth Year Community Development Block Grant Project; adoption of Resolution No. 95-035, entitled, "A Resolution of the City Council of the City of Poway Determining Certain Public Improvements to be of Benefit to the Paguay Redevelopment Project." (602-01 #799) 24. Continue interpretation of South Poway Development Standards to allow towing operation and temporary storage of vehicles on Lots 41 and 42 within Parkway Business Centre; Anytime Towing, applicant; APN 317-810-18 & 19 to June 6, 1995. (203-09) 25. Adoption of Planning Resolution No. P-95-27, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-31," for the seventh annual Spring Street Fair, Poway Chamber of Commerce, applicant, to be held Sunday, May 28, 1995 from 10 a.m. to 4 p.m. on Midland Road between Adrian and Edgemoor Roads. {203-07) 26. Adoption of Planning Resolution No. P-95-28, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 95-23, Phil Spears/Poway High School Band Boosters, applicants, for a Christiansen Amusements fundraising carnival on the Mega Foods/K-Mart site, northeast corner of Poway and Midland Roads, June 1-4, 1995. (203-07) 27. Adoption of Planning Resolution No. P-95-29, entitled, "A Resolution of the City Council of the City of Poway, California Denying Minor Conditional Use Permit 95-03, Assessor's Parcel Number 275-270-64," Bruce and Carolyn Cassell, applicants, to construct a lighted tennis court at 13712 Paseo Valle Alto, in Green Valley Estates. (confirming action taken May 9, 1995, Item 6) (203-24) Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 5 (701-04) ORDINANCE NO. 444/SECOND READING REGULATION OF TOBACCO PRODUCTS Mayor Higginson read the title of Ordinance No. 444, "An Ordinance of the City of Poway, California, Adding Chapter 8.05 to Title 8 of the Poway Municipal Code Relating to the Regulation of the Sale of Tobacco Products." City Manager Bowersox stated staff recommends adoption. 5512 Page 4 - CITY OF POWAY - May 23, 1995 Speaking in favor of staff recommendation: Hilary Whitehead, 13861 Carriage Road Motion byCouncilmember Emery, seconded by Councilmember Cafagna to waive further reading, close the public hearing and adopt Ordinance No. 444. Motion carried 3-0 with CouncilmembersCallery andRexford absent. CouncilmemberCafagna stated he was voting in favor because the majority of the City Council supports this, however personally he believes it is over-regulation. ITEM 6 (701-04) ORDINANCE NO. 445/SECOND READING MOBILE HOME INSPECTIONS Mayor Higginson read the title of Ordinance No. 445, "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." Councilmember Emery requested this item be continued for two weeks because of some questions he has. He stated he no longer has a financial interest in a mobile home since he has sold his mother's that was in Poinsettia Mobile Home Park. Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue the second reading of Ordinance No. 445 to June 6, 1995. Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 7 (203-04) VARIANCE 95-01 APPLICANT: GEORGE MONTELLO Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 319 square foot addition to an existing single family residence at 11875 Poway Road which requires a variance to allow the addition to encroach eight feet into the required 20 foot side yard setback. Staff recommends approval. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public hearing and adopt Planning Resolution No. P-95-30, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 95-01, Assessor's Parcel Number 316-062-16." Motion carried 3-0 with Councilmembers Callery and Rexford absent. 5513 Page 5 - CITY OF POWAY - May 23, 1995 ITEM 8 (602-01 #226R) LEASE AGREEMENT POWAY VALLEY COMMUNITY GARDEN CLUB Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request by the Poway Valley Community Garden Club for a community garden on Redevelopment Agency owned property at 13112 Vista View Drive. Staff is recommending a $5,000 appropriation with $3,000 being start-up loan of Agency funds to supplement anticipated contributions of material and labor and approval of a lease. $2,000 is for fencing. Speaking in favor of staff recommendation: Jeff Beers, 13044 Bonita Vista, representing the Garden Club Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the public hearing, adopt Resolution No. 95-036, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Poway Community Garden Project is of Benefit to the Paguay Redevelopment Project," approve the lease and appropriate $5,000 from the Redevelopment Agency CIP Reserve Fund. Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 9 (705-07) LANDSCAPE MAINTENANCE DISTRICT 83-1 ASSESSMENTS FOR FISCAL YEAR 1995-96 Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The Engineer's report for Landscape Maintenance District 83-1 was approved on May 2, 1995. One parcel, KinderCare, has been added to Zone B. The assessments for Zones A and B are proposed to remain at $118.48 ad $255.34 per unit. This public hearing will be continued to June 27, 1995 for the second opportunity for public comment. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded byCouncilmember Emery to continue this public hearing to June 27, 1995. Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 10 (705-09) LANDSCAPE MAINTENANCE DISTRICT 86-1 ASSESSMENTS FOR FISCAL YEAR 1995-96 Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The Engineer's report for Landscape Maintenance District 86-1 was approved on May 2, 1995. Six parcels, Krikoriantz, have been added to Zone A. The assessments for Zones A and B are proposed to remain at $261.00 and $0 per 5514 Page 6 - CITY OF POWAY - May 23, lgg5 unit. This public hearing will be continued to June 27, 1995 for the second opportunity for public comment. Speaking in opposition to staff recommendation: Marcia Clingman, 14473 Trailwind Road Ken Dorsey, 15969 Grey Stone Road Speakers stated the level of service is not adequate for the amount of money being spent and suggested it be privatized. City Manager Bowersox stated it is done by a private contractor and suggested staff will meet with the property owners to discuss their concerns. Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue the public hearing to June 27, 1995. Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 11 (705-12) LANDSCAPE MAINTENANCE DISTRICT 86-3 ASSESSMENTS FOR FISCAL YEAR 1995-96 Mayor Higginson opened the public hearings. Staff report by City Manager Bowersox. The Engineer's report for Landscape Maintenance District 86-3 was approved on May 2, 1995. One parcel, MegaFoods Plaza, has been added to Zone B. The assessments for Zones A and B are proposed to remain at $163.00 and $113.80 per unit. This public hearing will be continued to June 27, 1995 for the second opportunity for public comment. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Cafagna to continue the public hearing to June 27, 1995. Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 12 (1402-02) DP~AINAGE IMPROVEMENTS POWAY LIBRARY SITE Staff report by Director of Engineering Services Weston. The entire library site is within the 100 year floodplain of Rattlesnake Creek. To build on the site, the property has to be flood proofed by elevating the building pads and constructing drainage improvements such that there is no additional flood impact to the adjoining properties. Staff and the City's consultants have analyzed four alternative channel improvements and recommend Alternate D, a combination concrete box from Poway Road to west of the Tarascan extension and a naturalized channel from that point to the Community Park. The cost is estimated at $910,000. The top of the box will be landscaped. Staff has met with the Library 5515 Page 7 - CITY OF POWAY - May 23, 1995 Advisory Committee and reviewed the recommendation with them. Speaking in opposition to staff recommendation: Susan Sheldon, 13411Starridge Street Motion by Councilmember Emery, seconded by Mayor Higginson to approve staff recommendation. Motion carried 3-0 with Councilmembers Callery and Rexford absent. City Manager Bowersox noted that this action will enable the architect to begin their work. ITEM 13 (1163-01) PARKING RESTRICTIONS ON NORWALK STREET Staff report by City Manager Bowersox. At a citizen request, the Traffic Safety Committee reviewed conditions on Norwalk Street at its intersection with Norwalk Lane and Old Community Road. The Committee recommends parking restrictions on the north side to improve sight visibility for vehicles exiting the northerly driveway of Poway Country Pre-School. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. 93-037, entitled, "A Resolution of the City Council of the City of Poway, California, Establishing a No Parking Zone on a Segment of the North Side of Norwalk Street." Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 14 (1110-04) STOWE DRIVE EXTENSION Item introduced by City Manager Bowersox. Staff report by Director of Engineering Services Weston. An extension of Stowe Drive from Old Pomerado Road to Pomerado Road was requested by residents of the area at a workshop held June 11, 1992 and approved by the City Council. Staff also presented the traffic signal analysis for the intersection of Old Pomerado Road and Pomerado Road. If Stowe Drive was not extended, a traffic signal would be warranted at that intersection. Staff has prepared a preliminary design of the road extension and several safety concerns have been raised. Staff recommends a meeting with the residents to discuss a traffic signal as an alternative to the road extension. Speaking in opposition to staff recommendation: Peggy Shea, 12423 Paseo Colina Council concurred it would not be prudent to consciously adopt a road alignment that is unsafe. Motion by Mayor Higginson, seconded by Councilmember Emery to direct staff to conduct a neighborhood meeting to discuss the findings of the preliminary design of Stowe Drive extension and discuss the replacement of that 5516 Page 8 - CITY OF POWAY - May 23, 1995 project with a traffic signal at Pomerado Road and Old Pomerado Road. Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 15 (408-01) INVESTMENT REPORT Staff report by City Manager Bowersox. He commended Director of Administrative Services Stewart for her work with the San Diego County Investment Pool. Staff is recommending the City Council receive and file the City's Investment Report as of April 30, 1995 and authorize staff to proceed with the Phased Withdrawal Option from the San Diego County Investment Pool. Motion by Councilmember Emery, seconded byCouncilmember Cafagna to approve staff recommendation. Motion carried 3-0 with Councilmembers Callery and Rexford absent. ITEM 22 (405-02) ASSESSMENT DISTRICT 79-1 ADVANCED RETIREMENT OF BONDS StaffreportbyCity Manager Bowersox. Since the staff report was prepared, Bill Barnick brought a matter to the City's attention and additional analysis showed that interest earnings should be returned to the owners paying off the bonds. Staff requests a four week continuance to complete the computations. Director of Engineering Services Weston stated this matter came out of several issues. The first was requests for water service from property owners east of the assessment district. The second was the need for better water pressure for properties on Donart Drive. Staff looked to see if there was excess capacity in the Assessment District 79-1 water system and found there is. In order to serve other properties from this system, the bonds could be paid off. Bill Barnick, 14645 Sunrise Canyon Road, stated there is $400,000 in the bond reserve fund and these funds should be returned to the bond payers. He also questioned whether there is excess capacity. Councilmember Emery stated that when this assessment district was approved in 1981, the City Council was assured the system was not being oversized because they did not want water availability to be an excuse for additional growth. Motion by Councilmember Cafagna, seconded by Councilmember Emery to continue this item to June 20, 1995. Motion carried 3-0 with Councilmembers Callery and Rexford absent. CITY ATTORNEY ITEMS City Attorney Eckis announced he has joined the City in three amicus briefs: 5517 Page 9 - CITY OF POWAY - May 23, 1995 Harris v County of Madera re whether a Housing Element is valid without HCD approval and whether the update is required if the State does not provide funding; Earlich v City of Culver City re whether the traditional rational basis test or rough proportionality applies when a city imposes a mitigation fee; and Edwards v City of Santa Barbara re the legality of "bubble" ordinances. ADJOURNMENT Mayor Higginson adjourned the meeting at 8:50 p.m. on motion by Councilmember Emery and seconded by Councilmember Cafagna. Marjorie K. Wahlsten, City Clerk City of poway 5518