CC 1995 08-08 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
AUGUST 8, 1995
The August 8, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 p.m., by Deputy Mayor Callery at the City
Council Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford
COUNCILMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Sharer
Steve Blackwood
Patrick Foley
Penny Riley
PLEDGE OF ALLEGIANCE
City Manager
City Clerk
City Attorney
Assistant City Manager
Director of Administrative Services
Director of Engineering Services
Director of Planning Services
Director of Public Services
Director of Redevelopment Services
Sheriff's Lieutenant
Principal Management Analyst
Senior Management Analyst
Councilmember Emery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Callery explained the procedure for Public Oral Communications.
There was no one present wishing to speak.
CONSENT CALENDAR
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
13. Approval of Minutes - City Council
July 11, 1995, Regular Meeting
15. Ratification of Warrant Register for period of July 17-21, 1995 (401-10)
Motion carried 4-0 with Mayor Higginson absent.
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ITEM 3.1 (701-04)
ORDINANCE NO. 448/SECOND READING
REGULATING SOLID WASTE SERVICES
Deputy Mayor Callery 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 Director of Public Services Williams. This Ordinance was
scheduled for second reading on August 1, 1995, however, staff had made a change
to Section 8.68.400, specifically excluding medical waste collection from the
franchise requirements. City Attorney Eckis recommended the City Council hold
a first reading of the amended ordinance and set this meeting for second reading.
Speaking in favor of staff recommendation:
Roy Moreau, 16967 Crest Drive, San Diego, representing the Poway High Band
Boosters Recycling Center, asked if they are considered a contractor under the
Ordinance and stated he has a concern about the misinformation being circulated
regarding this issue.
Director Williams stated they are not a contractor and all non-profit recycling
efforts are accommodated under this ordinance. All bidders on the franchise were
informed of the Band Boosters' recycling program.
Speaking in opposition to staff recommendation:
Constance Griffin, 12655 Gate Drive, cited her belief that Poway will have
"trash police" and stated the businesses have not been notified of the
requirements to recycle.
Director Williams stated that information has been given to each business. In
addition, Mashburn offers individual assistance to businesses since each business
has different recycling needs.
Peggy Collette, 13969 Bernadotte Lane, read an article from the San Dieqo
Union Tribune regarding the City of San Diego's trash police.
Don McKelvey, 13857 York Avenue, stated he is concerned with the legal
aspects of having to provide a receipt to prove you are recycling. He takes his
aluminum cans to work where they are collected for "Cans for Critters" and he
does not get a receipt.
Larry Cruse, 13734 Utopia
In response to query from Deputy Mayor Callery, Jeff Ritchie with Mashburn
Sanitation explained the process his drivers go through when they collect the
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trash. If a customer consistently does not put items out for recycling and it
appears they are co-mingled with the trash, the customer is asked what they do
with their recyclables.
Gil Olson, 13409 Midland Road, asked that the requirement for a receipt be
taken out of the Ordinance. City Attorney Eckis stated that requirement is not
in the Ordinance.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing, waive further reading, and adopt Ordinance No. 448, with the
deletion of "and a misdemeanor" from Sections 8.68.030{A) and 8.68.100 in order
to give the City Attorney flexibility in enforcement. Motion carried 4-0 with
Mayor Higginson absent.
RECESS AND CALL TO ORDER
Deputy Mayor Callery recessed the meeting at 7:55 P.M. and called it back to
order at 8:00 P.M. with all Councilmembers present except Mayor Higginson.
ITEM 3.2 (203-01)
TENTATIVE TRACT MAP 89-06/CARRIAGE ROAD TOWNHOMES
REMOVAL OF CONDITION FOR PEDESTRIAN WALKWAY
Staff report by City Manager Bowersox. This item was continued from August 1,
1995 in order for staff to investigate topographical constraints in putting a
pedestrian walkway connecting La Venta Drive and the Carriage Road Townhomes.
The developer has requested deletion of this requirement because of the
constraints. Staff recommends approval of the request.
Speaking in favor of staff recommendation:
Jeff Smith, 12800 Carriage Heights Way, representing the homeowners
association, stated they do not want the liability associated with this access,
nor the potential for loitering and vandalism.
Arlene McCartney, 12809 Carriage Heights Way
Speaking in opposition to staff recommendation:
Larry Cruse, 13734 Utopia Road, stated the community fought for this access
Susan Sheldon, 13411Starridge Street, stated map conditions should be met
at the beginning, not at the end of the process.
Councilmember Emery asked if the stairway was deleted, would the north bank be
landscaped and fenced? Director of Planning Services Wright-Quastler stated that
this is not a condition of the development.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve staff
recommendation and report back regarding the landscaping and fencing.
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City Attorney Eckis stated that if there would be a financial savings to the
developer by deleting the access, the City Council could add a condition for
landscaping and fencing.
Councilmembers Emery and Cafagna agreed to amend their motion. Motion to close
the public hearing, find that the previously issued Negative Declaration
adequately addresses the environmental impacts of the project, and adopt Planning
Resolution No. P-95-40, entitled, "A Resolution of the City Council of the City
of Poway, California Rescinding Resolution P-89-110 and Modifying Tentative Tract
Map 89-06 and Development Review 89-20, Assessor's Parcel Number 317-090-44, 46,
47," amended to require the developer to install landscaping and fencing at La
Venta and to relinquish the open space easement taken for the walkway. Motion
carried 4-0 with Mayor Higginson absent.
Council also directed staff to adopt a policy at looking at public access early
in the development process.
ITEM 4 (203-04)
VARIANCE 95-05/SIDE YARD SETBACK
APPLICANT: STANDARD PACIFIC
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. This is a request for an eight-foot encroachment into a required
twenty-foot side yard setback for the construction of a new home on Lot 60 of The
Grove, TTM 84-08. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-95-41, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 95-05,
Assessor's Parcel Number 278-462-38." Motion carried 4-0 with Mayor Higginson
absent.
ITEM 5 (1110-06)
ENVIRONMENTAL ASSESSMENT
POMERADO ROAD BIKE LANE
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. Construction of a bike lane, sidewalk section, and roadbed
improvement along Pomerado Road between St Michael's Church and Heath Drive
requires an environmental assessment. Staff recommends issuance of a Negative
Declaration.
There was no one present wishing to speak.
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Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and issueaNegativeDeclaration for this project. Motion carried
4-0 with Mayor Higginson absent.
ITEM 6 (401-27)
1995-96 TAX ROLL FEES AND ASSESSMENTS
FIRE PROTECTION AND NEIGHBORHOOD LOANS
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. It is necessary for the City Council to adopt a resolution
establishing the fees and assessments to be collected on the tax roll for 1995-
96. These include the fire protection fees which have not changed, and the nine
neighborhood loan programs for street and sewer improvements.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and adopt Resolution No. 95-091, entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing the Fire Protection
Fees and Street and Sewer Improvement Assessments to be Collected on the Property
Tax Roll for Fiscal Year 1995-1996." Motion carried 4-0 with Mayor Higginson
absent.
ITEM 7 (401-27)
1995-96 TAX ROLL SPECIAL TAX RATE
SOUTH POWAY COMMUNITY FACILITIES DISTRICT #1
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. It is necessary for the City Council to adopt a resolution
establishing the special tax to be collected on the tax roll for 1995-96 for
South Poway Community Facilities District No. 1 {Pomerado Business Park} of
$12,250 per net usable acre. As with past actions on this CFD, this action
should include the provision that as delinquent taxes are paid, the excess will
be rebated back to the property owners who have paid.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 95-092 entitled, "A Resolution of the
City Council of the City of Poway, California, Setting the Special Tax Rate and
the Amount to be Levied on Property Within the South Poway Community Facilities
District No. 1 for Fiscal Year 1995-1996." Motion carried 4-0 with Mayor
Higginson absent.
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ITEM 8 (401-27)
1995-96 TAX ROLLS SPECIAL TAX RATE
SOUTH POWAY COMMUNITY FACILITIES DISTRICT #88-1
Deputy Mayor Callery opened the public hearing. Staff report by City Manager
Bowersox. It is necessary for the City Council to adopt a resolution
establishing the special tax to be collected on the tax roll for 1995-96 for
South Poway Community Facilities District No. 88-1 (Parkway Business Centre) at
$17,229.84 per net usable acre. As with past actions on this CFD, this action
should include the provision that as delinquent taxes are paid, the excess will
be rebated back to the property owners who have paid.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 95-093 entitled, "A Resolution of the
City Council of the City of Poway, California, Setting the Special Tax Rate and
the Amount to be Levied on Property Within the South Poway Community Facilities
District No. 88-1 for Fiscal Year 1995-1996." Motion carried 4-0 with Mayor
Higginson absent.
ITEM 9 (402-05)
SPECIAL PERMIT FEE
SOLID WASTE COLLECTION
City Manager Bowersox requested a two week continuance of this item in order to
meet with Coast Waste and the Poway Unified School District. Motion by
Councilmember Emery, seconded by Councilmember Cafagna to continue consideration
of a resolution establishing special permit fees for the collection of solid
waste and recyclables to August 22, 1995. Motion carried 4-0 with Mayor
Higginson absent.
ITEM 10 (602-01 #236R)
CONSTRUCTION MANAGEMENT
LIBRARY AND SITE IMPROVEMENTS
Councilmember Emery stated he had a conflict of interest and left the room.
Staff report by City Manager Bowersox. For major projects the City has engaged
construction management consultants to assist in the coordination of construction
activities. The construction of the City library will also include channel
improvements for Rattlesnake Creek, and major site improvements for the city
owned property. Staff recommends Douglas E. Barnhart as the construction
manager.
Councilmember Cafagna requested a continuance in order to meet with staff and
discuss some issues. Councilmember Rexford asked for information on how the
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firms invited to submit a proposal were selected. She stated a concern regarding
the lack of openness in the process.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to continue
consideration of a contract for construction management of the library to August
22, 1995. Motion carried 3-0 with Mayor Higginson absent and Councilmember Emery
disqualified. (This was changed to August 15, 1995 in Item 11.)
ITEM 11 (602-01 #237R)
DESIGN AND PARTNERING WORKSHOP
LIBRARY AND SITE IMPROVEMENTS
Staff report by Director of Engineering Services Weston. Partnering is a process
to reduce claims and complete projects with fewer disputes by getting parties
with major stakes in the process together at the beginning of the project. Staff
recommends the City enter into a contract with RH & Associates to facilitate a
partnering workshop for the library to be held on August 17 and 18, and invite
one or two Councilmembers to participate, if they wish.
Councilmembers Rexford and Cafagna volunteered to attend. City Attorney Eckis
noted that with the finding that the Councilmembers are volunteering to attend,
not being directed to attend, the meeting will not be subject to the Brown Act.
Larry Cruse, 13734 Utopia, asked about the recommendation that the Construction
Manager attend when the Construction Manager issue has not been settled and asked
why the Rancho Bernardo Inn had already been reserved when this issue had not
been approved yet.
Director of Engineering Services Weston stated that the Construction Manger is
an important player in the process and suggested the Item be on next week's
agenda prior to the Workshop rather than August 22. Council concurred. It was
noted that it was necessary to proceed with planning the workshop prior to this
meeting, however, the deposit given the Rancho Bernardo Inn is refundable.
Motion by Deputy Mayor Callery, seconded by Councilmember Cafagna to authorize
the City Manger to execute a contract with RH & Associates to facilitate a
partnering workshop for the library and site development improvements. Motion
carried 4-0 with MayorHigginson absent. It was noted that CouncilmemberCafagna
and Rexford had volunteered to attend.
Douglas Barnhart, stated his company understands the partnering process and he
is quite willing to attend the workshop as a volunteer if the issue of a
Construction Manager contract has not been settled by that time.
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ITEM 12 (1401-10)
POMERADO ELEMENTARY SCHOOL SOCCER FIELD
Staff report by City Manager Bowersox. The Poway Unified School District has
acquired property to develop a soccer field and parking lot at Pomerado
Elementary School. The District has proposed a joint use with the City and
requested a $100,000 contribution. Staff recommends a transfer of $50,000 from
the Twin Peaks Gym Floor Reconstruction Project account and provide $50,000 when
the next Redevelopment Agency bonds are sold.
Motion by Councilmember Emery, seconded by Deputy Mayor Callery to approve staff
recommendation. Motion carried 4-0 with Mayor Higginson absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19.
Deputy Mayor Callery requested and received City Council concurrence to
hold a pre-development conference with AirTouch Cellular for a proposed
cellular telecommunications facility on City-owned property at the Boca
Raton reservoir. (203-18)
ADJOURNMENT
Deputy Mayor Callery adjourned the meeting at 9:00 p.m. on motion by
Councilmember Emery, seconded by Councilmember Cafagna.
Marjorie\K. wahlsten, City Clerk
City of ~]~way
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