CC 1995 08-01NO TICE
NOTICE IS HEREBY GIVEN THAT THE AUGUST 1, 1995, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated: August 2, 1995
ORDER OF AD~OURNHENT
Upon motion by Councilmember Cafagna,
seconded by Councilmember Rexford, Mayor
Higginson ordered the meeting adjourned to
5:00 p.m., Thursday, August 3, 1995
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 11:20 p.m.
Marjorie K. Wahlsten, City Clerk
City of Poway, California
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
10:00 a.m.
Dated at Poway, California, on August 2, 1995
MarjoKie K. Wahlsten, City Clerk
City ef Poway, California
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 1, 1995
The August ], 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 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
Peggy Stewart
Bob Thomas
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
Brad Kutzner
Penny Riley
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Community Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Senior Civil Engineer
Senior Management Analyst
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:
Peggy Collette, 13969 Bernadotte Lane, stated she believes that the current
rates charged by Mashburn are introductory rates and will increase over time.
Elvira Walker, 14830 High Valley Road, stated the planned High Valley Road
improvements will take too much of their property and will create hazardous
conditions at their driveway. City Manager Bowersox stated staff will report
back regarding this issue.
Bill Barnick, 14645 Sunrise Canyon Road, stated the evening library hours
need to be increased. He also stated the quality of work in his Landscape
Maintenance District is poor and wants some input to get the benefit of the
assessment he is paying.
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Page 2 - CITY OF POWAY - August 1, 1995
Jim Marmack, Sheriff's Commander, thanked the City Council for support to
him and the Poway Sheriff's Substation during his tenure as Poway's Sheriff
Captain.
CONSENT CALENDAR
City Manager Bowersox stated Item 30, Temporary Use Permit for Chabad of Poway,
is being removed from the calendar.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
18.
Approval of Minutes - City Council
June 27, 1995, Regular Meeting
20. Ratification of Warrant Registers for period of July 3-7, July 10-14, 1995.
(401-10)
21. Denial of claim for damages: Jeanna and Jacob Arellano (704-13)
22. Approval of City's Investment Report as of June 30, 1995.
(408-01)
23.
Adoption of Resolution No. P-95-38, entitled, "A Resolution of the City
Council of the City of Poway, California Approving Comprehensive Sign
Program 78-14M, Assessor's Parcel Number 317-101-42,", Lively Center,
13200 block of Poway Road, Northern Automotive Corporation, applicant.
(203-]5)
24.
Approval of Standard Consultant Agreement with Jose Olivas for part-time
Fire Inspector. {602-01 #1091)
25. Acceptance of Orange Blossom Storm Drain from Western Pacific
Construction. (1421) {602-01 #1064)
26.
Appropriation of $11,800 from the Recovery of Stolen Property (Asset
Forfeiture) account and authorization to purchase computer equipment for
law enforcement use. (401-17)
27. Approval of the purchase of a Root Pruner from Vermeer California, in the
amount of $14,137.91. (601-03)
28.
Approval of annexations to the Sewer Improvement District: adoption of
Resolution No. 95-083, entitled, "A Resolution of the City Council of the
City of Poway Annexing Territory to the Sewer Improvement District of the
City of Poway - Jerry Webster Annexation", 13612 Sagewood Drive; adoption
of Resolution No. 95-084, entitled, "A Resolution of the City Council of
the City of Poway Annexing Territory to the Sewer Improvement District of
the City of Poway - M.T. Mojaverhossini Annexation", 15066 Huntington Gate
Drive; adoption of Resolution No. 95-085, entitled, "A Resolution of the
City Council of the City of Poway Annexing Territory to the Sewer
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Page 3 - CITY OF POWAY - August 1, 1995
Improvement District of the City of Poway - Michelle Randazzo
Annexation", 13843 San Sebastian Way; and adoption of Resolution No. 95-
086, entitled, "A Resolution of the City Council of the City of Poway
Annexing Territory to the Sewer Improvement District of the City of Poway
Martin and Mary Bloom Annexation", 15176 Huntington Gate Drive.
(117o-11)
29.
Award of bid for the annual supply of chemicals for use at the Filtration
Plant to: 1} Rhone Poulenc for alum in the amount of $21,762; 2} Jones
Chemical for liquid chlorine in the amount of $17,660; 3) Commerce
Chemical for potassium permanganate in the amount of $8,184.; and 4)
Commerce Chemical for sodium hydroxide in the amount of $23,378.{601-03}
30.
Removed from calendar Minor Development Review 95-32 and Temporary Use
Permit 95-50, Chabad of Poway, applicant: a request to permit the
temporary placement of three modular buildings for a period of one year to
house the synagogue and pre-school for a maximum of 50 children; located
at 16580 Espola Road. (203-10)
31.
Approval of the fiscal year 1995-96 budget of $23,285 for the Poway
Visitor Enhancement Program to be administered through the Chamber of
Commerce. {1180-05}
32.
Adoption of Resolution No. 95-087 entitled, "A Resolution of the City
Council of the City of Poway, California, Authorizing the City to enter
into a Lease Purchase Agreement with Southland Industries," and authorize
the City Manager to execute all related financing documents for
lease/purchase of energy retrofit equipment. (602-01 #1060)
33.
Award of bid for the Glen Oak Paving Project to Asphalt, Inc., in the
amount of 43,120, and acceptance of withdrawal by apparent low bidder,
Southpaw Construction (5279). (602-01, #235R)
34.
Approval of extension of contract with McDougal, Love, Eckis & Grindle for
City Attorney services for 1995-96. (602-01 #259)
35.
Approval of the following positions on pending legislation: oppose AB
1949, which would limit cities to five percent retention payments on
public works projects from contractors; oppose SB 646 which, in the case
of a bankruptcy, would allow existing alcohol licensed locations to retain
for 12 months the option of having a new replacement licensee issued for
the premises; and support SB 561 which would give police chiefs the
ability to notify the necessary individuals of the impending release of a
violent felon. {701-11)
Motion carried unanimously.
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Page 4 - CITY OF POWAY - August l, ]995
ITEM 5 (401-27)
1995-96 ASSESSMENTS
LANDSCAPE MAINTENANCE DISTRICT 87-1
Item introduced by City Manager Bowersox. Staff report by Director of Public
Services Williams. Staff proposes to add to the LMD 57 acres that are currently
in the South Poway Business Park Land Development Area (LDA) and being maintained
by them. The property owners will then have one assessment rather than two for
landscape maintenance. The assessments are proposed to be $790.00 per net acre
for Parkway Business Centre and Poway Corporate Center; $1,246.21 per net acre
for Pomerado Business Park, Phases I and II and Rolling Hills Estates commercial
area; and $311.58 per unit for Rolling Hills Estates residential area. There is
currently 45.3% protest to this change, 40% of which is CF Poway. In response
to query from Councilmember Emery, Director Williams stated that if the City
Council does not approve staff's recommendation, the LMD assessments will remain
the same as they were last year.
Speaking in favor of staff recommendation:
Neville Bothwell, 12900 Brookprinter Place, stated the LDA Board was
involved in this proposal and that it address the City's concerns that the
landscaping would not be maintained in light of the financial difficulties in the
Business Park.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 95-088, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for
Landscape Maintenance District 87-1 to be Collected on the Property Roll for
Fiscal Year 1995/96." Motion carried 4-0 with Councilmember Cafagna voting "no."
ITEM 6 (401-27)
1995r96 ASSESSMENTS
POWAY LIGHTING DISTRICT
Staff report by City Manager Bowersox. Assessments for the Lighting District are
proposed to remain at the current rate of $15.00 per benefit unit for Zone A,
$3.75 for Zone B, and $13.58 for Zone C. Approximately 1,600 parcels have been
redesignated into the proper zone according to benefit or non-benefit received
from street lighting.
Speaking in opposition to staff recommendation:
Ed Harmon, 12624 Oak Knoll Road, stated he received notice that the
assessment for an apartment complex he owns will go from $675.88 to $1,114.62 as
he is moved from Zone B to Zone A.
City Manager Bowersox explained the audit that was done to determine whether or
not properties were in the proper zone and stated he will meet with Mr. Harmon.
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Page 5 - CITY OF POWAY - August 1, 1995
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 95-089, entitled, "A Resolution of the
City Council of the City of Poway, California Establishing Assessments for the
Poway Lighting District to be collected on the Property Tax Roll for Fiscal Year
1995/96." Motion carried unanimously.
ITEM 7 (701-04)
ORDINANCE NO. 448/SECOND READING
REGULATING SOLID WASTE SERVICES
Mayor Higginson read the title of Ordinance No. 448, "An Ordinance of the City
of Poway, California, Repealing Chapter 8.68 of the Poway Municipal Code
Regulating Solid Waste, Recyclables, Yard Waste, and Other Compostable Materials
Handling Services." City Manager Bowersox stated that staff has made an
amendment to Section 8.68.400, specifically excluding medical waste collection
from the franchise requirements. The City Attorney has recommended that this
be first reading on the amended ordinance and that this item be continued for
second reading.
Speaking in opposition to the Ordinance:
Connie Griffin, 12655 Gate Drive
Peggy Collette, 13969 Bernadotte Lane
Don McKelvey, 13857 York Avenue
Speakers talked about notices that Mashburn gives when the wrong material is
placed in a recycling bin and stated this is too much government.
Councilmembers discussed Assembly Bill 93g that requires all jurisdictions to
reduce their waste stream by25% by the end of this year and by 50% by 2000. The
franchise is written to make the franchisee responsible for any fines levied
against the City for failing to meet recycling goals.
Motion by Councilmember Callery, seconded by Councilmember Rexford to hold first
reading on Ordinance No. 448 and set second reading for August 8, 1995. Motion
carried unanimously.
ITEM 8 (704-10)
DECLARING A PUBLIC NUISANCE
13136 RIDGEDALE DRIVE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. Staff requests that this public hearing to determine whether the junk
accumulated at 13136 Ridgedale Drive is a nuisance be continued for two weeks.
There was no one present wishing to speak.
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Motion by Councilmember Callery, seconded by Councilmember Rexford to continue
this public hearing to August 15, 1995. Motion carried unanimously.
ITEM 9 (203-01)
TENTATIVE TRACT MAP 89-06/CARRIAGE ROAD TOWNHOMES
REMOVAL OF CONDITION FOR PEDESTRIAN WALKWAY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The developer has requested the deletion of a condition requiring the
installation of a pedestrian walkway connecting La Venta Drive and the Carriage
Road Townhomes project. When this project was approved it was envisioned that
the walkway would go along the eastern edge of the project to Poway Road, however
it is not possible to use this alignment and a walkway would necessarily have to
utilize the project's parking lot and driveway. Staff recommends approval of the
amendment.
Speaking in opposition to staff recommendation:
Bill Rickles, 13725 Utopia
Homeowners Association
Larry Cruse, 13734 Utopia
Road, representing the Southwest Poway
Speaking in favor of staff recommendation:
Joseph Hory, 12826 Carriage Heights Way, representing the Homeowners
Association Board of Directors. He stated they do not want the liability or
responsibility for maintenance of a public walkway.
Rich diPietro, 111 lOth Street, Del Mar, project developer
Council discussed the desire to have pedestrian walkways and the liability
issues. Motion by Councilmember Callery, seconded by Councilmember Emery to
continue this public hearing to August 8, 1995 and requested staff prepare a
report giving the historical perspective of this project and the liability
issues. Motion carried unanimously. Councilmember Rexford requested staff visit
the site with her.
ITEM 10 (401-27)
1995-96 TAX ROLL
WEED ABATEMENT/NUISANCE ABATEMENT CHARGES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This recommended action will reimburse the City for any costs incurred
for weed abatement and public nuisances via the 1995-96 tax rolls. There is a
$60.00 administration fee added.
There was no one present wishing to speak.
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Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing and adopt Resolution No. 95-090, entitled, "A Resolution of the
City Council of the City of Poway, California approving the Report Prepared for
Collection of Weed Abatement, and Nuisance Abatement Charges on the County Tax
Assessor's Roll for the Year lg95-96." Motion carried unanimously.
ITEM 13 (203-10)
MINOR DEVELOPMENT REVIEW 95-31/MINI-PARK
APPLICANT: IGLESIA NI CRISTO
Item introduced by City Manager Bowersox. Staff report by Director of Planning
Services Wright-Quastler. In 1983 the Iglesia ni Cristo church was granted a
conditional use permit approving the establishment of a church on a 3.2 gross
acre lot located at the terminus of Elm Park Lane and extending west to Silver
Lake Drive. The site is overlaid by an open space easement which was recorded
in February, 1971 as a means of assuring that a recreational use would be
preserved for the long-term benefit and use of the surrounding residents. CUP
83-01 specified a location for a public mini-park which was required to be
constructed prior to the occupancy of the site by the church. The park site was
in the northwest corner of the lower portion of the property, fronting Silver
Lake Drive, but was never constructed. It has been proposed that the park be
moved to the southwest side of the property, allowing the church to consolidate
the rest of its property into one contiguous area.
The proposed park design is the product of two neighborhood meetings. However,
a subsequent meeting has resulted in a revised recommendation that the basketball
hoop and backboard be removed, the walkway be moved to the northern side and a
double-sided solid wood fence be constructed on the south boundary of the park.
Mayor Higginson stated two mistakes he feels the City Council has made in the
past in response to neighborhood input was eliminating the courts in Valle Verde
Park and not lighting Hilleary Park. He cannot support deleting the basketball
court.
Speaking in opposition to staff recommendation:
Cathy Francis, 12724 Robison Blvd., objected to a park behind her home.
Curtis Johnson, 13006 Via del Toro, stated his mother lives on Robison and
the park should not be moved to the south portion of the property.
Speaking in favor of staff recommendation:
Jay Kawamoto, 12706 Robison, requested a block wall on the southern
boundary of the park and a chain link fence on the western boundary with a gate
where the walkway connects with Silver Lake, on the northern portion of the park.
He also suggested staff contact General Dynamics regarding park equipment in
Missile Park which is being closed. He cited opposition to a basketball court
because of the noise.
Jeff Bertino, 13340 Silver Lake Drive
Alice Arnold, 12745 Elm Park Lane, apologized to the church for a flyer
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that was circulated in the neighborhood regarding opposition to a new church.
Melvin Moore, 13344 Carriage Road
Mark Hawkins, 13352 Silver Lake, stated the neighborhood is trying to do
some fund raising for park equipment and requested a letter from the City Council
that they can use in the effort to show it is a legitimate project.
Following discussion, motion by Councilmember Emery, seconded by Mayor Higginson
to adopt Planning Resolution P-95-39 amended to include a block wall on the
southern boundary, relocation of the walkway to the northern side, a basketball
half-court, a chain link fence on the western boundary with a gate at the
walkway. Motion carried 4-1 with Councilmember Callery voting "no," because of
her feeling that the basketball court should be eliminated if that's what the
neighborhood wants.
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:15 p.m. and called it back to order at
9:30 p.m. with all Councilmembers present.
ITEM 11 704-02)
NOTICE OF VIOLATION
DAVID AND MARILYN GILLESPIE
14875 MINA DE ORO ROAD
Staff report by City Manager Bowersox. On July 11, the City Council directed
that the notice of violation be filed unless the application for the Conditional
Use Permit, which was initiated in May, 1994, was completed within two weeks.
On July 25, Mrs. Gillispie submitted much of the additional information.
However, there is an additional violation in that a horse rental business,
operated by a Mr. & Mrs. Sullivan, has been established on the southwestern
portion of the lot in newly erected structures for which no building permits have
been issued. Staff recommends that the notice of violation be filed if the
Sullivan Stables have not been moved to the main stable area by August 4 or if
progress toward resolution stalls at any time before full resolution of all
violations has been reached.
Speaking in favor of staff recommendation:
Nancy Webb, 14825 Mina de Oro
Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt staff
recommendation. Motion carried unanimously.
ITEM 12 (602-01 #1022)
POWAY-MIDLAND RAILROAD OPERATING SCHEDULE
Staff report by City Manager Bowersox. On September 13, 1994, the City Council
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Page 9 - CITY OF POWAY - August 1, 1995
approved an operating schedule for the operation of the rolling stock by the
Poway-Midland Railroad Volunteers at Old Poway Park. The Volunteers are
requesting additional hours and staff recommends the request be denied and the
current schedule be maintained.
Speaking in opposition to staff recommendation:
John Ohler, 729 Cody Lane, Escondido, President of the Volunteers
Robert Miles, 4580 Ohio Street, San Diego, a railroad volunteer
Lisa Lucidi, 13260 Glen Circle Road, operator of the Hamburger Factory in
Old Poway Park
Ed Shipper, 13738 Fairgate, a railroad volunteer
Beth Shipper, 13738 Fairgate
Chuck Cross, 13514 Mora Circle, a railroad volunteer
Richard Childs, 2758 Kauana Loa, Escondido, the Volunteer's chief
mechanical officer
Speaking in favor of staff recommendation:
Carman Steven, 14134 Sycamore Avenue
William Holgren, 14152 Sycamore Avenue
Dr. Stan Moore, 14126 Sycamore Avenue
Council concurred the train is a wonderful thing and adds a great flavor to
Poway, however it is in the front yard of the Sycamore Avenue residents which
creates problems. Motion by Councilmember Emery, seconded by Councilmember
Rexford to deny the request for additional hours. Motion carried unanimously.
Motion by Councilmember Cafagna, seconded byCouncilmember Rexford for staff to
start investigating the possibility of purchasing the residences on Sycamore
Avenue. Motion carried 3-2 with Mayor Higginson and Councilmember Emery voting
Mayor Higginson requested staff to report back regarding the revenue the
Volunteers could have expected from the additional hours they requested.
ITEM 14 (706-02)
COMMUNITY FACILITIES DISTRICTS 1 AND 88-1
DEBT SERVICE PAYMENTS
Staff report by City Manager Bowersox. The City has been notified by the Tax
Collector's Office that certain property owners in Community Facilities District
No. 1 {CF Poway} and Community Facilities District No. 88-1 (Parkway Business
Centre) are delinquent in their first and second installments of special taxes
for 1994-95. Staff recommends a draw on the reserves to cover the debt service
payments of $1,436,366.25 and $1,745,020.00, respectively.
Motion by Councilmember Emery, seconded by Mayor Higginson to authorize the
recommended draws for payment of debt service due on August 2 and August 8, 1995.
Motion carried unanimously.
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Page 10 - CITY OF POWAY - August 1, 1995
ITEM 15 (1180-08)
BUSINESS SURVEY TOPIC AREAS
StaffreportbyCityManager Bowersox. SANDAG has submitted estimates to conduct
a survey of the business certificate holders similar to the one done in 1988.
Staff is recommending topic areas for the survey and, with Council authorization,
will proceed with the development of a draft questionnaire.
Motion by Mayor Higginson, seconded by Councilmember Callery to direct staff to
enter into a contract with SANDAG to conduct a survey of all businesses that have
business certificates, approximately 1,000, and proceed with the development of
a draft questionnaire. Motion carried unanimously.
ITEM 16 (602-01 #1095)
SOUTH POWAY BUSINESS PARK
LAND USE MARKET AND FEASIBILITY ANALYSIS
Councilmember Cafagna stated he would disqualify himself from this item since
London Group Realty is one of his tenants. He left the room.
Staff report by City Manager Bowersox. On March 21, 1995, the City Council
agreed to consider alternate land uses, except residential, for the South Poway
Business Park. Staff recommends retaining a real estate marketing firm to better
understand what options exist and their market possibilities. This will enable
the City to better evaluate any proposal received for alternate land uses.
Motion by Councilmember Rexford, seconded by Councilmember Callery to approve
retaining the London Group Realty Advisors, Inc. for the preparation of a land
use market and feasibility analysis for the South Poway Business Park. Motion
carried 4-0 with Councilmember Cafagna disqualified.
(Councilmember Cafagna re-entered the meeting)
ITEM 17 (1504-10)
INVESTIGATION OF OFFICER-INVOLVED SHOOTINGS
Staff report by City Manager Bowersox. On June 17, 1995, a Deputy Sheriff
assigned to the Poway Station shot and killed a suspect. The City Council has
received a petition requesting a City investigation. The City is not empowered
to conduct an independent investigation, however there are agencies other than
the Sheriff's Department that do conduct such an investigation. Staff recommends
the City Council receive and file the report.
The Council concurred with staff's recommendation.
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Page 11 - CITY OF POWAY - August 1, 1995
ITEM 17.1 (1110-01, 602-01 #1097)
SCRIPPS POWAY PARKWAY EAST FUNDING STATUS
COUNTY WATER AUTHORITY RELOCATION AGREEMENT
Staff report by City Manager Bowersox. The Scripps Poway Parkway is progressing
to a probable construction start in early October. Recent State budget cutbacks
have reduced the expected revenue available for the project, however staff
estimates that the remaining funding may still be adequate to construct the
Parkway. A Utility Relocation Agreement with the San Diego County Water
Authority is required for a portion of the work.
Motion by Mayor Higginson, seconded by Councilmember Callery to approve the
Utility Relocation Agreement and receive and file the report on the funding
status of Scripps Poway Parkway East. Motion carried unanimously.
CITY ATTORNEY ITEHS
City Attorney Eckis requested a closed session for Conference with Labor
Negotiator, the City Manager, regarding the Poway Firefighters' Association
pursuant to Government Code §54957.6.
CLOSED SESSION
Mayor Higginson called for a closed session at 10:20 p.m. as requested by the
City Attorney.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 11:20 p.m. and adjourned the
meeting to Thursday, August 3, 1995, 5:00 P.M. on motion by Councilmember
Cafagna, seconded by Councilmember Rexford.
Marjorie~,K. Wahlsten, City Clerk
City of Poway
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