CC 1995 06-20 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OUNE 20, 1995
The June 20, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 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, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
Peter Moote
City Manager
City Clerk
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 Redevelopment Services
Director of Safety Services
Principal Planner
Deputy Dir. of Administrative Services
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:
Larry Cruse, 13734 Utopia Road, suggested agenda reports be made available
in machine readable format at the library. They are going to have a file server
and citizens could access the reports by modem.
Hugh Largey, 11721Pickford Road, San Diego, stated he is opposed to the
proposed amphitheater.
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CONSENT CALENDAR
Motion by Councilmember Cafagna, seconded by Councilmember Calleryto approve the
Consent Calendar as follows:
12.
Approval of Minutes - City Council
May 23, 1995, Regular Meeting
14. Ratification of Warrant Register for period of May 2g-June 2, 1995
(401-10)
15. Approval of a manufactured slope greater than thirty (30) feet in height
at Poway Road and Blue Crystal Trails, MDRA 95-21, Robert and Mary Ann
Altaffer, applicants. (203-10)
16. Award of bid for Dead Animal Removal Services to D&D Disposal, Inc. in the
amount of $41,022 for fiscal years 1995-96, 1996-97, and 1997-98.
(602-01 #879)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (205-02)
1995-96 FINANCIAL PLAN
Staff report by City Manager Bowersox. This is the second of three meetings to
receive public input and discuss the proposed financial plan for 1995-96.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to continue
the public hearing to June 27, 1995 for adoption of the 1995-96 budget. Motion
carried 4-0 with Councilmember Emery absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 83-01
APPLICANT: IGLESIA NI CRISTO
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. In 1983 the City Council approved a Conditional Use Permit for the
establishment of the Congregation of Iglesia ni Cristo at 12730 Elm Park Lane.
The approval included the conversion of an existing structure, which had been
constructed as a neighborhood recreation center into a religious complex and the
construction of a pastoral house. In 1985 the applicants requested an amendment
to the original resolution which would defer the improvement of a neighborhood
pocket park on the property. This request was denied, and since occupancy of the
building in Phase I was contingent on the completion of the park, legal occupancy
was never issued to the church. Between 1984 and 1989 many changes were made to
the interior of the buildings without building permits and a six foot chain link
fence was put up around the property. In April, 1995, the church presented a
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prototype design to staff and to the neighborhood at a community meeting. It
became apparent that the community was concerned about the existing poor
appearance of the property, the fortress-like effect of the fencing and the
unorthodox parking habits of church attendees, as well as the appearance and size
of the proposed new building. Staff scheduled this public hearing to discuss
modification or revocation of Conditional Use Permit 83-01. Meanwhile the
congregation has agreed to come forward with an application for a new Conditional
Use Permit for a new building by August 7, 1995. They will tear down the
existing building. Staff recommends continuing this public hearing to August 22,
1995 at which time the original conditions of approval will be satisfied or CUP
will be declared null and void and zoning enforcement action will be initiated.
Speaking in opposition to staff recommendation:
Glenn Groth, 687 Riveria, Vista, architect
Pastor Palacus, 1527 Crone Anaheim
Joven Rosquites, 1617 Southgate, Daly City
Teddy Samson, Jr., 141N. Union Avenue, Los Angeles, finance officer for
the Iglesia de Cristo.
Ben Dela Paz, 13416 Utopia Road, resident minister
Florentino Quiaot, 412 W. 231st, Carson, civil engineer
Frank Sipan, 13356 Carriage Heights
Jan Trobaugh, 2420 Carson Street, Torrance
Speakers stated the mother
the new structure and all
sanctuary seating 400 and
church in the Philippines has allocated funds to build
other necessary improvements. They are proposing a
200 parking spaces.
Speaking in favor of staff recommendation:
John Deeks, 13351 Silver Lake
Teresa Bertino, 13340 Silver Lake Drive
Kent Murdoch, 13429 Silver Lake Drive
Speakers cited the long history of problems of with the church and its members
including 12 years of non-compliance with the existing CUP. Problems impacting
the neighborhood include loud noise, often until late at night, trash, and on-
street parking.
Council concurred that the City "bends over backwards" to assist churches, but
12 years of non-compliance is too long to not even meet basic conditions.
Director of Planning Services Wright-Quastler stated that staff has been
extremely frustrated in trying to work with them, but there has been a change in
local church leadership in the past year and they are being more cooperative.
City Attorney Eckis stated that if the City Council revokes the existing CUP the
Church cannot legally meet on the site. It appears they are ready to build a new
church and it would be appropriate to determine what conditions should be imposed
as an interim measure in order to continue this until August.
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Motion by Councilmember Callery, seconded by Councilmember Cafagna to continue
this public hearing to June 27, 1995 in order for staff to meet with the
neighbors and the applicant and prepare a list of conditions that could be
complied with before they apply for a new Conditional Use Permit. This would
demonstrate the church be a good neighbor. Motion carried 4-0 with Councilmember
Emery absent.
ITEM 6 (203-11)
GENERAL PLAN AMENDMENT 95-01A
HEIGHT IN SOUTH POWAY COMMUNITY PLAN
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. There have been several inquiries from industrial uses
that require buildings higher than 35 feet in order to accommodate automated
warehousing and inventory retrieval systems. The General Plan currently
prohibits buildings over 35 feet. Staff proposes an amendment to Strategy I.F.4
to allow structures in the South Poway Community Plan area to exceed 35 feet in
height.
Speaking in opposition to staff recommendation:
Charles McLauchlan, P.O. Box 12
Gail Trunnell, 13314 Neddick Avenue
Larry Cruse, 13734 Utopia Road
Bea Reuel, 13710 Paseo Bonita
Patty McKinney, 13760 Calle Seco
Speakers cited concerns regarding visibility of higher buildings from the valley.
Staff pointed out that the applications would be reviewed on a case bycase basis
by the City Council through the development review process.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to issue a Negative
Declaration and continue this public hearing to June 27, 1995 for final action
in conjunction with General Plan Amendment 95-01B. Motion carried 4-0 with
Councilmember Emery absent.
ITEM 7 (203-21)
SPECIFIC PLAN AMENDMENT 84-01Y
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. This is an amendment to the South Poway Specific Plan
to incorporate various clarifications and amendments, including:
1. Amendment of the list of permitted uses to establish regulations concerning
outside storage uses, contractors yards, auction houses, truck or automobile
fleet storage, pushcarts, and temporary sand and gravel aggregate processing
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facilities. Outside storage uses would be allowed on specific lots chosen for
their visual impacts. Sand and gravel facilities would facilitate development
by allowing rocks from grading operations to be crushed into aggregate that can
be used on-site for road base or other uses which minimizes truck traffic to and
from the site.
2. Clarification that land designated as OS (1 du) will be subject to the RR-A
zone standards. Prior to the revisions to the large animal ordinance, standards
were the same for all RR zones. However, there is now a difference and it is
appropriate that any dwelling unit constructed on OS zoned land meet the RR-A
standards.
3. Establishment of a maximum height for structures of 45 feet rather than 35
feet as is currently allowed. This is a companion action to Item 6 on this
agenda which would amend the General Plan.
4. Amendment to and/or clarification of development standards concerning
parking in commercial areas, equipment screens, setbacks, driveway width and
fencing.
5. Redesignating parcel 317-810-08, at the northeast corner of Danielson
Street and Nelson Drive from LI (Light Industrial) to SPC {South Poway
Commercial). This parcel contains the Parkway Business Centre office building.
6. Incorporating maps which reflect changes that have been made to the
circulation system and identifying the location of various land use designations
on maps reflecting these changes. This will modify Volume 1 to incorporate maps
showing the deletion of the Midland Road extension to the Scripps Poway Parkway
and include other exhibits.
7. Incorporating standard safety conditions and criteria for temporary or
partial occupancy of commercial/industrial buildings.
8. Miscellaneous revisions to Volume 2, Development Standards to incorporate
various amendments that have occurred over the past ten years including the
deletion of many references and exhibits pertaining to landscaping in favor of
referral to the City's Landscape Guidelines.
Speaking in opposition to staff recommendation:
Charles McLauchlan, P.O. Box 12, stated these revisions do not take into
consideration the needs of all the property owners in the business park.
Speaking in favor of staff recommendation:
Carey Shultz, AnyTime Towing, 13939 Poway Road, who plans to locate a
vehicle storage facility in the business park if this item is approved.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to state
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intent to issue a Negative Declaration and approve Specific Plan Amendment 84-01Y
and continue to June 27, 1995 for final action to coincide with General Plan
Amendment 95-01A. Motion carried 4-0 with Councilmember Emery absent.
ITEM 8 (701-04)
ORDINANCE NO. 447/FIRST READING
SPEED LIMITS ON MARTINCOIT ROAD
Mayor Higginson opened the public hearing and read the title of Ordinance No.
447, "An Ordinance of the City of Poway, California Adding to Section 10.32.020
of the Poway Municipal Code Establishing Speed Limits on Martincoit Road from
Espola Road to Stone Canyon Road." Staff report by Director of Engineering
Services Weston. Because of difficulties in enforcing existing posted speed
limits, the Sheriff's Department requested an updated review of speed limits on
Martincoit Road. Staff has completed updated engineering and traffic surveys and
presented the findings to the Traffic Safety Committee. They recommend a 30 MPH
speed limit from Espola Road to Rostrata Road and 35 MPH from Rostrata Road to
Stone Canyon Road.
Speaking in favor of staff recommendation:
Jim Seifert, 16344 Martincoit Road, suggested additional signage indicating
the steepness of the grade and a three-way stop at Stone Canyon and Martincoit.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to waive
further reading of Ordinance No. 447 and continue the public hearing to July 11,
1995 for second reading. Motion carried 4-0 with Councilmember Emery absent.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to adopt
Resolution No. 95-050, entitled, "A Resolution of the City Council of the City
of Poway, California Rescinding Resolution No. 83-074 Establishing Speed Limits
on a Segment of Martincoit Road." Motion carried 4-0 with Councilmember Emery
absent. This resolution will become effective on August 10, 1995 when Ordinance
No. 447 becomes effective.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:27 p.m. and called it back to order at
9:40 p.m. with all Councilmembers present except Councilmember Emery who was
absent from the meeting.
ITEM 9 (405-02)
ASSESSMENT DISTRICT 79-1
ADVANCE RETIREMENT OF BONDS
Staff report by Director of Engineering Services Weston. Assessment District No.
79-1 was created by the City in 1981 to fund a water system for properties in the
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vicinity of Poway and Espola Roads. The bonds are being redeemed in installments
collected on the County tax rolls for 15 years, ending in 1997. Based on County
zoning at the time of the District's formation it was projected that 152 dwelling
units could have been developed and served with water. Under the General Plan
adopted in 1983, that number was reduced to 110. Sixteen properties on Donart
Drive outside the western boundary of the District have had water pressure
problems for many years. Also, owners of property outside the eastern boundary
desire water service for a maximum of 19 lots. These two areas cannot be served
from the system built by the Assessment District funds until the bonds are paid
off. There are currently sufficient reserves in the bond fund to pay off the
bonds. Staff proposes the properties on Donart Drive already receiving water
service will be connected to AD 7g-l's system at no cost, other properties will
be assessed a special water service fee for utilizing District facilities. These
fees will be rebated to the Assessment District owners.
Speaking in favor of staff recommendation:
Diana Augustine, 17200 Dos Amigos Way, requested the Council approve the
original proposal by staff which would give the large lot owners an extra rebate
because they have lost potential lots for development.
Jim Francis, 14623 Sunrise Canyon Road
John Greenwood, 14545 Cedar Ridge Court
Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt
Resolution No. 95-051, entitled, "A Resolution of the City Council of the City
of Poway Approving the Advance Retirement of Bonds for Assessment District 79-1";
approve the disbursement from the AD 79-1 Reserve and Construction funds to pay
the remaining bond obligation and refund the remaining fund balance to the
property owners; find that additional capacity exists in AD 79-1 water system to
provide service to 35 dwelling units outside the current district boundaries;
appropriate $159,400 from Water Fund to complete the expansion of water system
to 35 additional lots and corresponding rebates to current property owners in the
District; direct staff to prepare a resolution for Council adoption establishing
the water service fee for properties not currently connected to the public water
supply located outside of the District in order to recover monies advanced from
the water fund reserves. Motion carried 4-0 with Councilmember Emery absent.
ITEM 10 (405-01R)
1995 REFUNDING CERTIFICATES OF PARTICIPATION
POWAY ROYAL MOBILE HOME PARK - 1991 COPS
Staff report by Director of Redevelopment Services Shafer and Director of
Administrative Services Stewart. The City issued Certificates of Participation
in the amount of $28,300,000 in January, 1991 to fund the acquisition and
improvement of Poway Royal Mobile Home Park. The Poway Redevelopment Agency
acquired the mobile home park and leases it to the City. The City makes lease
payments to the Agency equivalent to annual debt service on the COPs. The City
operates the mobile home park, collects rents, and pays all operating costs and
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the lease payment from rent proceeds. The City Council has approved taking steps
to stabilize the rents and staff is pursuing three courses of action:
refinancing the bonds; establishing affordable housing covenants for fifty
spaces; and entering into resale agreements with the tenants which enables a CPI
based rental schedule. The actions recommended under this item will refinance
the bonds. The maturity schedule will be extended for five years but there will
be $3,000,000 in savings in the first 10 years.
Speaking in opposition to staff recommendation:
Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Homeowners
Association
Motion by Councilmember Callery, seconded by Councilmember Cafagna to adopt
Resolution No. 95-052, entitled, "A Resolution of the City Council of the City
of Poway Authorizing the Preparation, Sale and Delivery of not to Exceed
$32,000,000 Principal Amount of 1995 Refunding Certificates of Participation
{City of Poway Capital Improvement Projects - Poway Royal Mobile Home Park) And
Approving Certain Documents and Authorizing Certain Actions in Connection
Therewith," approving the Trust Agreement, the Escrow Agreement, the Preliminary
Official Statement, the Bond Purchase Agreement, the Lease Agreement, the Site
Lease, the Assignment Agreement, and the Special Counsel Agreement, and direct
staff to complete the transaction only if interest rates remain low and there
continues to be a financial gain. Motion carried 4-0 with Councilmember Emery
absent.
ITEM ll (405-01R)
1995 REFUNDING CERTIFICATES OF PARTICIPATION
SWIM CENTER, PERFORMING ARTS CENTER {1986 COP)
Staff report by City Manager Bowersox. The City issued Certificates of
Participation in the amount of $10,000,000 in 1986 to fund the construction of
the swimming pool, performing arts center and Valle Verde Park. By refunding now
the Agency will be able to obtain lower interest rates than are currently being
paid for debt service which would mean an annual savings of approximately
$100,0000, or $2,290,000 over the life of the issue. It does not extend the life
of the original issue.
Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution
No. 95-053, entitled, "A Resolution of the City Council of the City of Poway
Authorizing the Preparation, Sale and Delivery of not to Exceed $10,000,000
Principal Amount of 1995 Refunding Certificates of Participation (1986 Capital
Improvement Projects) and Approving Certain Documents and Authorizing Certain
Actions in Connection Therewith," approving the Trust Agreement, the Escrow
Agreement, the Preliminary Official Statement, the Bond Purchase Agreement, the
Lease Agreement, the Site Lease, the Assignment Agreement, and the Special
Counsel Agreement; and direct staff to complete the transaction only if interest
rates remain low and there continues to be a financial gain. Motion carried 4-0
with Councilmember Emery absent.
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ITEM 11.1 (602-01 #1077)
AFFORDABILITY COVENANTS
POWAY ROYAL MOBILE HOME PARK
Staff report by Director of Redevelopment Services Shafer. Another part of the
attempts at rent affordability at Poway Royal Mobile Home Park is the placing of
affordability covenants on some spaces in the Park. The majority of Park
residents are very-low, low or moderate income households. It is being proposed
that the Agency would pay $2.1 million to the City for a guarantee that a minimum
of 50 mobile home spaces are reserved as affordable housing, as defined by State
statute, for a period of 30 years. These spaces are not fixed, but float as
needed.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to adopt
Resolution No. 95-054, entitled, "A Joint Resolution of Agreement of the City
Council of the City of Poway and the Poway Redevelopment Agency Relating to the
Acquisition of an Affordable Housing Covenant {Poway Royal Mobile Home Park)."
Motion carried 4-0 with Councilmember Emery absent.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10:20 p.m. on motion by Councilmember
Cafagna, seconded by Councilmember Callery.
Marjorie K. Wahlsten, City Clerk
City of Pqway
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