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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. 5537 Page 2 - CITY OF POWAY - June 20, 1995 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 5538 Page 3 - CITY OF POWAY - June 20, 1995 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. 5539 Page 4 - CITY OF POWAY - June 20, 1995 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 5540 Page 5 - CITY OF POWAY - June 20, 1995 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 5541 Page 6 - CITY OF POWAY - June 20, 1995 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 5542 Page 7 - CITY OF POWAY - June 20, 1995 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 5543 Page 8 - CITY OF POWAY - June 20, 1995 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. 5544 Page 9 - CITY OF POWAY - June 20, 1995 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 5545