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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. 5558 Page 2 - CITY OF POWAY - July 11, 1995 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. 5559 Page 3 - CITY OF POWAY - July 11, 1995 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 5560 Page 4 - CITY OF POWAY - July 11, 1995 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 5561 Page 5 - CITY OF POWAY - July 11, 1995 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. 5562 Page 6 - CITY OF POWAY - July 11, 1995 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. 5563 Page 7 - CITY OF POWAY - July 11, 1995 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 5564 Page 8 - CITY OF POWAY - July 11, 1995 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 5565 Page 9 - CITY OF POWAY - July 11, 1995 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 5566 Page 10 - CITY OF POWAY - July 11, 1995 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. 5567 Page 11 - CITY OF POWAY - July 11, 1995 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 5568