CC 1995 06-06 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JUNE 6, 1995
The June 6, 1995, regular meeting of the City Council of the City of Poway,
was called to order at 7:03 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, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Bob Thomas
Mark Weston
Randy Williams
Warren Shafer
Steve Streeter
Jim Marmack
Patrick Foley
Penny Riley
Annette Gonzalez
Jim Nessel
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Community Services
Director of Engineering Services
Director of Public Services
Director of Redevelopment Services
Principal Planner
Sheriff's Captain
Principal Management Analyst
Senior Management Analyst
Senior Management Analyst
Senior Planner
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PRESENTATION
Director of Community Services Thomas, on behalf of Mary Jo Bandy, Manager of the
Poway Target Store, presented a $3,000 check to Mayor Higginson from Target for
the Lake Poway Summer Concert Series.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Vicki Campbell, Assemblyman Goldsmith's field representative, gave a
legislative update.
Arie de Jong, 5960 E1 Camino Real, Carlsbad, representing Coast Waste
Management, stated he had been asked to speak to the City Council regarding the
trash franchise process.
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Bill Barnick, 14645 Sunrise Canyon Road, suggested the City use revenue
from the amphitheater for library staffing costs.
Ernest Piper, 14410 Crestwood Avenue, urged the City Councilmembers to not
be intimidated by threats of recall.
Peggy Collette, 13969 Bernadotte Lane, stated she had asked Mr. de Jong to
attend tonight's meeting and reiterated her statements made May 23, 1995 about
the trash franchise for the benefit of the two Councilmembers who were absent
from that meeting. She thanked the City Manager and City Attorney for support
of her civil rights regarding petition circulation.
CONSENT CALENDAR
Mayor Higginson stated Item 25 had been pulled by the public. Motion by
Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent
Calendar as follows:
12.
Approval of Minutes - City Council May 2, 1995, Regular Meeting
May 9, 1995, Regular Meeting
14.
Ratification of Warrant Registers for periods of May 8-12, 1995, and May
15-19, 1995. (401-10)
15.
Approval of an agreement with Gordon Gordetsky Consultants for a
feasibility study to determine the telecommunication transmission
requirements for City facilities, including evaluation of the economics of
using the mileage bank to construct a fiber optic network linking City
facilities; and appropriation of $6,500. (602-01 #1069)
16.
Approval of Agreement between City of Poway/Poway Redevelopment Agency and
Right of Way Engineering, Inc., for surveying services for fiscal year
1995-96. (602-01 #1068)
17.
Approval of Agreement between City of Poway/Poway Redevelopment Agency and
Southern California Soil and Testing, for geotechnical services for fiscal
year 1995-96. {602-01 #1070)
18.
Authorization to sell and/or scrap "package" wastewater treatment plant.
{604-01)
19.
Adoption of Resolution No. 95-038, entitled, "Resolution of the City
Council of the City of Poway, California Authorizing the City Attorney to
Join the City in Amicus Curiae Briefs." (704-00)
20.
Adoption of Resolution No. P-95-31, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Temporary Use Permit
95-36, Assessor's Parcel Number 317-211-02, 04," Shea Homes, applicant:
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a request to construct a model home complex and sales office for Poway
Oaks; located at the northeast corner of Pomerado Road and Metate Lane.
(203-07)
21. Acceptance of the Lake Poway Playground Project, Phase I, from Court
Concepts. (602-01 #1044)
22. Adoption of Resolution No. 95-039, entitled, "A Resolution of the City
Council of the City of Poway, California Approving the Submittal of the
Application for Expansion of the North San Diego County Recycling Market
Development Zone to Include the City of Encinitas." (1403-12)
23. Award of bid for telecommunications system for City facilities to Com-Aid
for NEC telephone equipment and Advanced Call Processing for voice
processing equipment in the total amount of $200,000.
{602-01 #1071 & #1075)
24. Adoption of Resolution No. 95-040, entitled, "A Resolution of the City
Council of the City of Poway, California, Designating Voting Delegate and
Alternates to the Southern California Joint Powers Insurance Authority
{SCJPIA) and Rescinding Resolution No. 94-057." (1503-21)
25.1 Adoption of the following positions on pending legislation: oppose SB
176, which would require that the information on safer substitutes under
a household hazardous substance information program be competent and
reliable; oppose AB 1947 which would require cities to use standards of
necessity, clarity, authority, nonduplication, consistency, and reference
when adopting or modifying local hazardous materials ordinances; support
AB 686 which would establish a statewide minimum standard for the location
and operation of a tobacco vending machine and authorize local governments
to enact stronger local vending machine ordinances; support AB 31XX which
would extend indefinitely the application of higher marginal tax rates for
higher incomes which were slated to expire in 1996. (701-11)
Motion carried unanimously.
ITEM 5 (701-04)
ORDINANCE NO. 446/SECOND READING
MOBILE HOME iNSPECTIONS
Mayor Higginson 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
Mobilehome Inspections, Except Fee and Penalty Provisions, Pertaining to the
Construction, Use, Maintenance and Occupancy of Mobilehomes."
There was no one present wishing to speak.
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Councilmember Emery stated he had requested a continuance of this at the last
meeting in order to get more information. He has learned that this adoption will
not close the door on future changes and concurs with adoption.
Motion by Councilmember Cafagna, seconded byCouncilmember Emery to waive further
reading, close the public hearing and adopt Ordinance No. 446. Motion carried
unanimously on a roll call vote.
ITEM 6 (1170-10)
DEL PONIENTE SEWER LINE EXTENSION
CAPITAL IMPROVEMENT PROJECT
Mayor Higginson opened the public hearing. Councilmember Cafagna disqualified
himself and left the room. Staff report by City Manager Bowersox. The proposed
project is the first phase of an eight inch sewer trunk line extension designed
to ultimately replace the existing Del Poniente pump station. This phase
involves the construction of approximately 2,660 linear feet of sewer line
beginning at the intersection of Midland Road and Orange Blossom Lane just north
of Twin Peaks Road, extending northerly to the southern boundary of the approved
Huntington Ridge, Unit 3, residential subdivision. The final phase will occur
in conjunction with the future development of this subdivision.
Principal Planner Streeter reviewed the environmental findings. The project will
not have a significant effect because of project revisions and recommended
special mitigation measures in the areas of soils and geology, hydrology, air
quality, biological resources, socioeconomics cultural resources, and health and
safety.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to close the
public hearing, issue a mitigated negative declaration; approve the mitigation
monitoring program and Natural Communities Conservation Planning findings, and
authorize construction of the project. Motion carried 4-0 with Councilmember
Cafagna disqualified.
ITEM 7 (705-14)
NOTICE OF INTENTION/ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT 87-1
Staff report by City Manager Bowersox. There are currently 222 assessed
commercial/industrial parcels in LMD 87-1 which is in the South Poway Business
Park. It is the intent to expand the LMD to include those areas along major
roadways currently maintained by the Land Development Association in order to
lower the combined LMD and LDA assessments, to extend LMD maintenance to the east
of Stowe Drive and provide a more uniform maintenance program for the area.
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Speaking in opposition to staff recommendation:
Neville Bothwell, 13725 Utopia, San Diego, representing the Pomerado
Property Owners Association, stated he did not believe the numbers in the report
are correct, however he will be prepared to speak at the June 27, 1995 public
hearing.
Motion by Councilmember Emery, seconded by Councilmember Callery to adopt
Resolution No. 94-041, 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 87-1 for Fiscal Year 1995-96,"
approving the Engineer's Report and setting public hearings for June 27 and
August 1, 1995. Motion carried unanimously.
ITEM 8 (705-10)
NOTICE OF INTENTION/ENGINEER'S REPORT
POWAY LIGHTING DISTRICT
Staff report byCity Manager Bowersox. The Poway Lighting District maintains all
street lights, traffic signals, flashing beacons and any other public lighting
improvements with the City. The assessments for Zone A (street lights/direct
benefit), Zone B (street lights/indirect benefit), and Zone C (traffic signals
and flashing beacons) are proposed to remain the same at $15.00, $3.75, and
$13.58 respectively. However staff has addressed policy issues as directed by
the City Council last year and propose to assess vacant parcels at one-half the
applicable assessment; and are moving 1,674 parcels from Zone B to Zone A, and
639 parcels from Zone A to Zone B.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery, to adopt
Resolution No. 95-042, entitled, "A Resolution of the City Council of the City
of Poway, California Declaring the Intention to Levy and Collect Assessments
Within the Poway Lighting District for Fiscal Year 1995/96," approving the
Engineer's Report and setting public hearings for June 27 and August 1, 1995.
Motion carried unanimously.
ITEM 9 (203-11)
INITIATING GENERAL PLAN AMENDMENT 95-0]
Staff report by City Manager Bowersox. General Plan Amendment 95-01 will allow
structures in the South Poway Community Plan to exceed 35 feet in height; create
four new commercial land use categories and delete the Manufacturing Service and
Commercial Community categories;.and redesignate property in and adjacent to the
Poway Road Specific Plan area consistent with the revised land use categories.
In recent years there have been several inquiries from industrial uses that
require buildings higher than 35 feet to accommodate automated warehousing and
inventory retrieval systems.
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Speaking in opposition to staff recommendation:
Bill Rickles, 13725 Utopia Road, representing the Southwest Poway
Homeowners Association, stated they need more time to review the Poway Road
Specific Plan.
Council requested that the provision for higher structures be narrowly defined
for specific uses and note that the City Council will have discretionary action
on individual applications through the development review process.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt
Resolution No. 95-043, entitled, "A Resolution of the City Council of the City
of Poway, California Initiating General Plan Amendment 95-01." Motion carried
4-1 with Councilmember Emery voting "no."
ITEM 10 (203-21)
INITIATING SPECIFIC PLAN 95-01
POWAY ROAD
Staff report by City Manager Bowersox. Poway Road Specific Plan will establish
use limitation and development standards for the Poway Road commercial area. The
plan is scheduled for the June 27, 1995 City Council meeting.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Calleryto adopt Resolution
No. 95-044, entitled, "A Resolution of the City Council of the City of Poway,
California, Initiating Specific Plan 95-01, The Poway Road Specific Plan."
Motion carried unanimously.
ITEM 11 (1160-04)
PEDESTRIAN SAFETY
POMERADO ROAD AT NINTH STREET
Staff report by Director of Engineering Services Weston. On March 14, 1995,
Ernest Piper appeared under Public Oral Communications and expressed concern for
school pedestrian safety on Pomerado Road near Ninth Street. The Traffic Safety
Committee has reviewed this issue and has determined that no additional traffic
control devices are warranted at the intersection.
Ernest Piper, 14410 Crestwood Avenue, thanked staff for their work and stated he
was very satisfied with the process that was followed.
City Council concurred to receive and file the report.
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ITEM 25 (203-09)
SOUTH POWAY DEVELOPMENT STANDARDS
TEMPORARY STORAGE OF VEHICLES
Staff report by City Manager Bowersox. Anytime Towing plans to relocate from
their location on Poway Road to the Parkway Business Centre. Since May 23, 1995
when this was on the City Council agenda, the applicant has negotiated to use Lot
13. A revised site plan is being developed. Staff is requesting that the City
Council concur with the interpretation that temporary outdoor storage is allowed.
Staff will issue a Temporary Use Permit, and the applicant will come forward with
a Conditional Use Permit later this summer.
Speaking in opposition to staff recommendation:
David Pudgel who operates Rancho Towing in Poway, stated his firm had to
complete their CUP improvements before they could use their site for wrecked
vehicles and cited the hazardous fluids that drain from wrecked vehicles. He
stated it is not fair to allow this applicant to have a Temporary Use Permit
before they do improvements.
Kent Nielsen, 12706 Soule Street, employed by Rancho Towing, stated a one
inch deep drip pan which will be required by a Temporary Use Permit is not
sufficient to retain hazardous fluids.
Speaking in favor of staff recommendation:
Don Mechling, 13863 Millards Ranch Lane
Cary Shultz, 13939 Poway Road, owner of Anytime Towing, stated only
operable vehicles will be stored until permanent improvements are completed.
Principal Planner Streeter noted that approval of Specific Plan Amendment 84-01Y
on June 27, 1995, will make this an allowable use on certain lots in the South
Poway Business Park and will negate the need for an interpretation.
Motion by Councilmember Emery, seconded by Councilmember Rexford to continue this
item to June 27, 1995. Motion carried unanimously.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
29.
30.
Councilmember Callery reported on the Board of Supervisors' action taken
today regarding the San Dieguito River Valley Park. They voted to remove
all private property from the Park's planning area which is a violation of
the Joint Powers Authority.
Councilmember Emery requested a report on legislative action requested in
a letter from the Poway Unified School District. He announced he will not
be present at the June 20, 1995 City Council meeting.
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ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:25 p.m. on motion by Councilmember
Emery and seconded by Councilmember Callery.
Marjorie K. Wahlsten, City Clerk
City of~Pgway
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