CC 1995 07-11 CITY OF POHAY, CALIFORNIA
NINUTES OF THE CITY COUNCIL REGULAR HEETING
JULY 11, 1995
The July 11, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:10 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILHENBERS PRESENT AT ROLL CALL
Mickey Cafagna, Betty Rexford, Don Higginson
COUNCILHEHBERS ABSENT AT ROLL CALL
Susan Callery, Bob Emery
STAFF MEHBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Steve Streeter
Pamela Colby
Annette Gonzalez
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
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
Redevelopment Project Administrator
Senior Management Analyst
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Councilmember Rexford led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Richard Ludwig, 12720 Metate Lane, requested an explanation of the FAXed
document received from Bill Silva on June 27, 1995 which the City Council took
action on that evening. Mayor Higginson stated that Bill Silva Presents had
requested their application not be heard on July 18, 1995 because they were not
ready for that hearing date. The City Council took action to proceed with the
July 18, 1995 date.
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CONSENT CALENDAR
City Manager Bowersox stated that Item 25.2 is being removed from the agenda.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
17.
Approval of Minutes - City Council
June 13, lg95, Regular Meeting
June 15, 1995, Adjourned Regular Meeting
June 20, 1995, Regular Meeting
19.
Ratification of Warrant Registers for period of June 12-16, June 19-23,
1995. (401-10)
20. Denial of claim for damages: John and Donny Christy, Jr.
(704-13)
21. Authorization to escheat certain unclaimed checks and return funds to the
General Fund - Trustee Account. (401-06)
22. Authorization to escheat certain unclaimed checks and return funds to the
General Fund - City Account. (401-06)
23. Approval of second amendment to the Old Coach Golf Estates Development
Agreement with Environmental Development, Ltd., requiring the developer to
pay $709,000.00 to extend completion dates for various improvements.
(602-01 #830)
24. Approval of a five-year extension of California Identification
System/Remote Access Network (Cai-Id/Ran} Agreement with the County of San
Diego. (602-01 #643}
25.
Adoption of the following positions on pending legislation: oppose AB 182
which will preempt cities' authority to have shopping cart retrieval
ordinances; support SB 903 which cleans up a problem created by the
passage last year of SB 1863 which damages existing local zoning control
over certain adult businesses; oppose SB 647 which would prohibit a local
government from imposing a new fee or charge, or increasing an existing
charge by administrative authority, action or regulation. (701-11)
25.1 Award of bid for street sweeping for the City of Poway to R.L. Dickson
Company, Inc., for fiscal year 1995-96. (602-01 #354)
25.2 Removed from calendar award of bid for the annual supply of chemicals for
use at the Filtration Plant. (601-03)
Motion carried 3-0 with Councilmembers Callery and Emery absent.
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ITEM 4 (701-04)
ORDINANCE NO. 447/SECOND READING
SPEED LIMITS ON MARTINCOIT ROAD
Mayor Higginson 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."
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Rexford to close the public
hearing, waive further reading and adopt Ordinance No. 447. Motion carried 3-0
on a roll call vote with Councilmembers Callery and Emery absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 83-01
APPLICANT: IGLESIA NI CRISTO
Staff report by City Manager Bowersox. This public hearing was continued from
June 27, 1995. Staff has met separately with the neighbors and the church
representatives, and on July 7, 1995 as a joint group. At the June 27, 1995
meeting, the City Council was presented with a list of conditions suggested by
the neighborhood. Church representatives asked for more time to provide
improvements including the block wall, drainage improvements, trash enclosure,
and design and construction of the mini-park. Staff has prepared a timetable for
Council consideration. Staff is still trying to be sure the church understands
that these conditions have nothing to do with the approval of a new sanctuary.
The neighbors have said they will support an application for a new sanctuary if
it meets the normal development standards of the City and does not overload the
capacity of the site. Staff recommends approval of the timetable for
accomplishment of the physical improvements and new operating standards, and
review the progress towards completion on August 22, 1995.
Speaking in favor of staff recommendation:
Jeff Bertino, 13340 Silver Lake Drive
Glenn Groth, 687 Riviera Court, Vista, architect for the church
Rose Overton, 13363 Silver Lake
Teresa Bertino, 13340 Silver Lake
Nancy Davidson, 13334 Silver Lake Drive
Mark Hawkins, 13352 Silver Lake Drive
Ben Dela Paz, 13416 Utopia Road, Pastor of Iglesia ni Cristo, stated they
have a 5:45 a.m. service on Thursdays and asked that the time of operation be
changed from 6:30 a.m. to accommodate that service.
Council concurred to allow the 5:45 a.m. service to be held this week only.
Motion by Mayor Higginson, seconded by Councilmember Rexford to close the public
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hearing and adopt Resolution No. P-95-36, entitled, "A Resolution Of the City
Council of the City of Poway, California Approving Interim Conditions of Approval
for Iglesia ni Cristo Church, CUP 83-01, Assessor's Parcel Number 317-640-52,"
and set a hearing for August 22, 1995 to assess progress towards the required
conditions for continued use of the site. Motion carried 3-0 with Councilmembers
Callery and Emery absent.
ITEM 6 (701-04)
ORDINANCE NO. 448/FIRST READING
SOLID WASTE, RECYCLABLES, YARD WASTE
Mayor Higginson opened the public hearing and read the title of Ordinance No.
448, "An Ordinance of the City of Poway, California, Repealing Chapter 8.68 of
the Poway Municipal Code and Establishing a New Chapter 8.68 of the Poway
Municipal Code Regulating Solid Waste, Recyclables, Yard Waste, and Other
Compostable Materials Handling Services." Staff report by City Manager Bowersox.
This ordinance contains provisions for mandatory collection of solid waste,
recyclables, yard waste and other compostables from residential and commercial
premises by an exclusive franchisee. Adoption and enforcement will assist the
City in meeting its state mandated goal to divert 25% of its solid waste from the
landfill by the end of this year and 50% by 2000.
City Attorney Eckis noted the letter received from Coast Waste Management and the
Poway Unified School District. Public agencies are exempt from the provisions
of this ordinance and PUSD has a contract with Coast Waste for their trash
service. The ordinance will be clarified that a permit with proof of insurance
is required but that no other operating standards in the ordinance applies.
Councilmember Cafagna asked if this ordinance meets the requirements of the
County of San Diego. Director of Public Services Williams stated that it does.
Speaking in opposition to staff recommendation:
Peggy Collette, 13969 Bernadotte Lane
Motion by Mayor Higginson, seconded by Councilmember Cafagna to waive further
reading and continue Ordinance No. 448 to August 1, 1995 for second reading.
Motion carried 3-0 with Councilmembers Callery and Emery absent.
ITEM 7 (602-01 #234R)
OWNER PARTICIPATION AGREEMENT/TTM 89-13R
APPLICANT: ENVIRONMENTAL DEVELOPMENT, LTD.
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Environmental Development, Ltd. developers of TTM 89-13, have
requested the Redevelopment Agency assist the project by funding a portion of the
public improvements. Staff has determined that Agency assistance is justified
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and the best method is to fund one-half of the street improvements,
undergrounding utilities, installation of street lights, and offsite sewer
improvements. The estimated cost is between $600,000 and $850,000.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public
hearing and adopt Resolution No. 95-077, entitled, "A Resolution of the City
Council of the City of Poway, California Approving an Owner Participation
Agreement by and Between the Poway Redevelopment Agency and Environmental
Development, Ltd. Determining that the Construction and Acquisition of Certain
Public Improvements on or Adjacent to the Site is of Benefit to the Paguay
Redevelopment Project and the Immediate Neighborhood in which the Project is
Located; Determining that there are no other Reasonable Means of Financing Said
Improvements; and Authorizing the Execution and Delivery of Said Owner
Participation Agreement." Motion carried 3-0 with Councilmembers Callery and
Emery absent.
ITEM 8 (203-01)
TENTATIVE TRACT MAP 86-01(RA)
ELIMINATION OF GRADING RESTRICTIONS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The applicant has asked for a resolution amendment pertaining to Phase
2 of Huntington Gate to allow off-site habitat acquisition or payment into an in-
lieu fund rather than limiting grading in setback areas to preserve the coastal
sage scrub remnants. Councilmember Cafagna stated he needs to disqualify himself
from this item. Because there are only three Councilmembers present, it is
necessary to carry this item over to next week when a full Council will be
present.
ITEM 9 (203-22R)
AB 1290 REDEVELOPMENT AND
HOUSING IMPLEMENTATION PLAN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The AB 1290 Redevelopment and Housing Implementation Plan was adopted
on November 29, 1994. Senate Bill 732 expanded the Agency's reporting
requirements specific to the Agency's affordable housing obligations. Staff
recommends amendment of the Plan to incorporate the additional information.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Rexford to Amend The AB
1290 Redevelopment and Housing and Implementation Plan for the Paguay
Redevelopment Project Area Pursuant to SB 732. Motion carried 3-2 with
Councilmembers Callery and Emery absent.
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RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 8:20 p.m. and called it back to order at
8:30 p.m. with all Councilmembers except Councilmembers Callery and Emery who
were absent from the meeting.
ITEM 11 (203-25)
DEVELOPER SELECTION PROCESS
AFFORDABLE HOUSING CAPITAL PROGRAM
Staff report byExecutiveDirector Bowersox. The Agency has acquired three sites
for the development of affordable housing. Over the past several months, staff
and David Rosen have been evaluating methods for developer selection. The
Redevelopment and Housing Advisory Committee is recommending a process including
their participation. If the Agency Board wants to participate, they recommend
designation of one or more Directors to assist in the selection process.
The Board discussed the implications of their participation in light of the Brown
Act. Staff will report back on this issue.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to approve the
process and authorize staff to initiate for the Bowron Road and Brookview site.
Motion carried 3-0 with Councilmembers Callery and Emery absent.
ITEM 12 (704-02)
NOTICE OF VIOLATION
ORCHARD VIEW LANE/DOUGLAS TROXLER
Staff report byCity Manager Bowersox. Mr. Troxler, owner of property on Orchard
View Lane applied for a Minor Development Review to build a home which was
approved on May 17, 1993. A focused biological survey was conducted that showed
that a majority of the 3.3 acre site was covered in coastal sage scrub. On March
28, 1995, Mr. Troxler applied for an Administrative Clearing Permit but withdrew
it on April 3 since he was not ready to mitigate the loss of the coastal sage
scrub at the required 2:1 ratio or pay an in-lieu deposit. On May 10, 1995 staff
noted the hillside had been bladed and has no remaining vegetation. This was
done during the nesting period for the gnatcatcher and no erosion control
measures have been installed. Staff recommends the recordation of a Notice of
Violation for illegal clearing.
Speaking in opposition to staff recommendation:
Douglas Troxler, 13391 Birch Tree Lane requested a continuance until he can
prepare a written response to staff's report. He stated he has permission from
Fish & Wildlife to clear 1-1/4 acres.
Motion by Mayor Higginson, seconded byCouncilmember Rexford adopt Resolution No.
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95-078 entitled, "A Resolution of the City Council of the City of Poway Ordering
the Recordation of a Notice of Violation on a Portion of the Southeast Quarter
of the Northeast Quarter in Section 6, Township 14 South, Range 1 West, San
Bernardino Base and Meridian, in the City of Poway, County of San Diego, APN:
321-031-05." Motion carried 3-0 with Councilmembers Callery and Emery absent.
On recommendation of the City Attorney, staff was instructed to not record the
notice for 72 hours to give Mr. Troxler time to prove to the City Attorney that
he had a permit to grade or did not need a permit.
ITEM 13 (702-02)
NOTICE OF VIOLATION
HORSE BOARDING FACILITY/GILLESPIE
Staff report by City Manager Bowersox. David and Marilyn Gillespie, owners of
property at 14875 Mina de Oro Road, also known as Rocky Mountain Ranch, have
conducted a horse boarding operation since 1985 and have done filling and grading
on the property for eight years. In 1983 they received a temporary use permit
to place a 1,400 square foot mobile home on the property during construction of
their residence. It has never been removed. Numerous attempts have been made
by staff to remedy the situation but the owners have not complied. Staff
recommends recordation of a Notice of Violation.
Speaking in opposition to staff recommendation:
Kathyrn Cannon, 11545 W. Bernardo Court, San Diego, attorney with Mitchell
& Skola, requested a continuance.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt
Resolution No. 95-079, entitled, "A Resolution of the City Council of the City
of Poway Ordering the Recordation of a Notice of Violation on Parcel 3 of Parcel
Map 4857, in the City of Poway, County of San Diego." Motion carried 3-0 with
Councilmembers Callery and Emery absent. On recommendation of the City Attorney,
staff was instructed to not record the notice for two weeks if an application for
a Conditional Use Permit is completed. Staff will bring back a status report on
August 1, 1995.
ITEM 14 (1201-02)
NOTICE OF INTENTION
UNDERGROUND UTILITY DISTRICT NO. 63
Staff report by City Manager Bowersox. The City plans to widen the northern half
of Espola Road from Cloudcroft Drive easterly 2,600 feet. It is the City's
policy to underground all utilities along major arterials and staff proposes the
establishment of an Underground Utility District in this area.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt
Resolution No. 95-080, entitled, "A Resolution of the City Council of the City
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of Poway Declaring the Intention to Establish Underground Utility District No.
63." A public hearing is set for August 15, 1995. Motion carried 3-0 with
Councilmembers Callery and Emery absent.
ITEM 15 (203-21)
INITIATION OF SOUTH POWAY PLAN AMENDMENT
POWAY ENTERTAINMENT CENTER/BILL SILVA PRESENTS
City Attorney Eckis stated there is a threat of litigation regarding this issue
and he requested the City Council hold a closed session listed as Item 27B prior
to considering this item. The facts and circumstances are listed as follows:
last month the City Council denied the request of Bill Silva Presents to postpone
the public hearings on the amphitheater. The applicant's attorney wrote a
letter, dated July 5, 1995, alleging denial of due process rights. That letter
is included as part of the staff report on Item 15.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by the City Attorney at
9:05 p.m. He called the meeting back to order at 9:25 p.m. with all
Councilmembers present except Councilmembers Callery and Emery.
At the request of the City Council, City Attorney Eckis shared the advice he had
given during closed session. On June 27, 1995, the City Council took action to
hold the public hearing on the Bill Silva Present proposal on July 18, 1995.
However, at least three of the applications are not complete. The environmental
impact report will not be complete because the consultant's work has been stopped
due to lack of funds from the applicant. Because the City Council cannot legally
take action on July 18, the City Attorney will recommend that the item be removed
from calendar and that no public input be taken on that item. However, the main
issue to be resolved is whether or not an amphitheater should be allowed in South
Poway.
Councilmember Rexford stated she would prefer to take action on the item
initiating the Specific Plan Amendment on July 18 when the full City Council is
present.
Mayor Higginson and Councilmember Cafagna stated the City Council needs to be
careful of the process followed in order to not damage efforts to bring
businesses to the business park.
Speaking in opposition to a Specific Plan Amendment to allow an amphitheater:
Jack Mueller, 10633 Birch Bluff Avenue, San Diego
Steve Provol, 1396 Legacy Terrace, San Diego
Richard Ludwig, 12720 Metate Lane
George Wong, 12732 Metate Lane
Jerry Hargarten, 13622 Orchard Gate Road
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G. L. Olson, 13409 Midland Road
Hugh Largey, 11721Pickford Road, San Diego
Sonia Wilson, 17029 Caminito Alegra, San Diego
Cynthia Wear, 13225 Neddick Avenue
Max Mueller, 10633 Birch Bluff, San Diego
Gail Trunnell, 13314 Neddick Avenue
Ellen Bernie, P.O. Box 823
Kathleen Mulea, 13333 Racquet Court
Speaking in favor of the amphitheater:
Joyce Romero, 13614 Fairgate Drive
Gaylene Keiper, 13314 Buena Vista
Florence Larson, 14580 Kennebunk Street
Jim Seifert, 16344 Martincoit Road
Ann Calvert, 15245 Ridgeview Place
Zip Lucidi, 13260 Glen Circle
Mike McDade, 1875 Third Avenue, San Diego, attorney for Bill Silva
Motion by Councilmember Rexford, seconded by Councilmember Cafagna to continue
this item to July 18, 1995. Motion carried 3-0 with Councilmembers Callery and
Emery absent.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 11:00 p.m. and called it back to order
at 11:10 p.m. with all Councilmembers present except Councilmembers Callery and
Emery who were absent from the meeting.
ITEM 16 (203-11)
GENERAL PLAN AMENDMENT 95-02
SUBAREA HABITAT CONSERVATION PLAN
Staff report by City Manager Bowersox. The proposed City of Poway Subarea
Habitat Conservation Plan has been prepared by staff to comply with the
requirements of the Natural Communities Conservation Planning Act of 1991.
Documents have also been prepared to satisfy the related biological impact
mitigation measure identified in the certified Final EIR for the Scripps Poway
Parkway easterly Extension project, as well as the Federal Endangered Species Act
and California Endangered Species Act. Staff recommends adoption of a Resolution
initiating the Plan and setting the hearing for August 15, 1995.
Speaking in opposition to staff recommendation:
Richard Ludwig, 12720 Metate Lane
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt
Resolution No. 95-081, entitled, "A Resolution of the City Council of the City
of Poway, California Initiating General Plan Amendment, GPA 95-02." Motion
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carried 3-0 with Councilmembers Callery and Emery absent.
ITEM 16.1 (405-01R)
REFUNDING 1991 COPS
POWAY ROYAL MOBILE HOME PARK
Staff report by City Manager Bowersox. On June 20, 1995, the City Council
authorized the refunding of the Certificates of Participation in the amount of
$28,300,000. Interest rates changed and the net present value savings dropped.
Staff and the financing team are monitoring the long-term tax exempt rates and
short-term escrow reinvestment rates on a daily basis. When the combination of
the two rates results in a net present value savings of $190,000 to $500,000,
staff will proceed to issue the bonds.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to direct
staff to proceed with the refunding of the 1991 Certificates of Participation at
such time as the recommended levels of savings can be achieved. Motion carried
3-0 with Councilmembers Callery and Emery absent.
CLOSED SESSION
City Attorney Eckis stated that the conference with labor negotiator would
not be held.
City Attorney Eckis requested a closed session regarding Smith v All
Persons, Superior Court Case No. 667691, pursuant to Government Code
§54956.9(a).
NAYOR AND CITY COUNCIL-INITIATED ITEMS
28.
Councilmember Cafagna briefed the City Council on the results of a joint
meeting between the Solid Waste Authority and the Board of Supervisors.
The County Chief Administrative Officer was recommending the Board raise
the tip fees at the landfills because of a threatened lawsuit by the City
of San Marcos and a developer which would make it impossible to refinance
the NCRRA plant. The Board did not approve that recommendation. The
issues involved are old fights between the County and San Marcos but there
are serious repercussions to the Solid Waste Authority.
City Manager Bowersox stated there will also be problems with the
investment pool if the County is unable to sell bonds to put money in the
pool to cover the agreed upon withdrawals. For the City of Poway that
could impact the ability to start construction of the Scripps Poway
Parkway.
Council concurred to send a letter to the City of San Marcos with copies
to all City Councilmembers in the County as well as other voluntary
agencies in the County Investment Pool regarding these potential impacts.
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31.
Councilmember Rexford asked to carry her item regarding Proposition 117
over to July 18, 1995.
32.
Mayor Higginson requested and received concurrence to hold a pre-
development conference on August 3, 1995 regarding the conversion of the
Ogle House at 14221 Midland Road to a bed and breakfast inn.
CLOSED SESSION
Mayor Higginson called for a Closed Session at 11:30 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 12:05 a.m. on July 12, 1995
and ordered the meeting adjourned.
Marjorid~K. Wahlsten, Ci Clerk
City of Poway ty
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