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CC 1995 08-22 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 22, 1995 The August 22, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by City Clerk Wahlsten at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILHEHBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford COUNCILMEMBERS ABSENT AT ROLL CALL Susan Callery, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Carol Banks John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Mark Sanchez Steve Streeter Jim Marmack David Narevsky Patrick Foley Pamela Colby Peter Moote Penny Riley City Manager City Clerk Assistant 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 Sheriff's Captain Redevelopment Manager Principal Management Analyst Redevelopment Project Administrator Deputy Dir. of Administrative Services Senior Management Analyst SELECTION OF PRESIDING OFFICER City Clerk Wahlsten stated that Poway Municipal Code Section 2.18.110(c) provides for the selection of a presiding officer when the Mayor and Deputy Mayor are absent. Motion by Councilmember Rexford, seconded by Councilmember Cafagna to select Councilmember Emery to serve as Presiding Officer at this meeting. Motion carried 3-0 with Mayor Higginson and Deputy Mayor Callery absent. PLEDGE OF ALLEGIANCE Councilmember Rexford led the Pledge of Allegiance. 5605 Page 2 - CITY OF POWAY - August 22, 1995 PUBLIC ORAL COMMUNICATIONS Presiding Officer Emery explained the procedure for Public Oral Communications. The following person was present wishing to speak: Thomas Armstrong, 16474 Espola Road, protested not being allowed to finish his presentation at the last meeting. He read the rest of his letter to Congressman Cunningham. CONSENT CALENDAR City Manager Bowersox stated that Item 16 was being removed from the calendar. Motion by Councilmember Rexford, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 12. Approval of Minutes - City Council August 1, 1995, Regular Meeting August 3, 1995, Adjourned Regular Meeting 14. Ratification of Warrant Register for period of July 31-August 4, 1995 (4o1-1o) 15. Appointment of Sylvia Palmer-Zetler to the Performing Arts Advisory Committee as the Community Group representative for a one year term beginning September 1, 1995. (701-09) 16. Removed award of bid for the construction of Del Poniente Sewer Line, Phase I, to Interwest Pacific, Ltd., in the amount of $246,390 from calendar. (601-03) 17. Receive and file quarterly Swim Center report. (1401-01) 18. Acceptance of Traveling Bridge upgrade at water treatment plant from Westmont Industries. (1718) (602-01 #1035) 19. Award of bid for construction of Arbolitos Mini-Park to Court Concepts in the amount of $90,248.15. (5628) (602-01 #239R) 20. Authorization to purchase replacement Case 580L Backhoe in the amount of $54,472 from Contractors Equipment Company via the City of San Diego's bid C4574/95. (601-03) 21. Adoption of Resolution No. 95-098, entitled, "A Resolution of the City Council of the City of Poway Approving the Application for Grant Funds from the California Department of Conservation to Establish an Outdoor Beverage Container Recycling Program at Designated City Parks and Bus Stops to Increase Beverage Container Recycling and Increase Community Outreach Efforts. (401-30) 5606 Page 3 - CITY OF POWAY - August 22, 1995 21.1 Adoption of Resolution No. P-95-46, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-56," Poway Chamber of Commerce applicant, for a street fair, a car show, and a blue grass concert on Sunday, September 3, 1995, from 7:30 a.m. to 4:30 p.m., on Midland Road between Adrian and Edgemoor Streets in the Old Poway area. (203-07) 21.2 Approval of opposition to the proposed outline by Congressman Shuster for the House National Highway System Bill which would implement a 20% across the board reduction in FY 1996 ISTEA (Intermodal Surface Transportation Efficiency Act 1991) program authorizations. (701-11) Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 5 (203-08) CONDITIONAL USE PERMIT 83-01 APPLICANT: IGLESIA NI CRISTO Presiding Officer Emery opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. On June 20, June 27 and July 11, 1995 the City Council heard from both the applicants and surrounding residents concerning the performance of the Iglesia ni Cristo under their existing Conditional Use Permit and a set of interim conditions was adopted with a timetable for completion. Staff recommends Council adopt a Resolution continuing the interim conditions for the church to continue operating under CUP 83-01. Councilmember Cafagna stated he has met with the neighbors and some of them don't want the mini-park required by the CUP, the design of which was approved on August 1, 1995. Speaking in opposition to staff recommendation: park. Diana Kawamoto, 12706 Robison Cathy Francis, 12724 Robison, presented a poll they had taken regarding the She suggested the City spend the money on other neighborhood improvements. Jay Kawamoto, 12706 Robison Speaking in favor of staff recommendation: Melvin Moore, 13344 Carriage Road Glenn Groth, 687 Riviera Ct., Vista, architect for the church Jeff Bertino, 13340 Silver Lake Drive Ruby May Justice, 8764 Grass Valley Lane, Santee Teresa Bertino, 13340 Silver Lake Drive Art Gamo, 1617 Southgate Avenue, Daly City, attorney for the church Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing. Motion carried 3-0 with Councilmember Callery and Mayor 56O7 Page 4 - CITY OF POWAY - August 22, 1995 Higginson absent. Councilmember Emery stated this entire parcel was supposed to be compensating open space for the extremely small lots in the surrounding subdivision and we do not want to cram a park down neighbors' throats but he needs to be convinced that they don't want it. He requested staff recommend how the City Council could determine whether or not there should be a park. Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Planning Resolution No. P-95-47, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditions of Approval for Iglesia ni Cristo Church, CUP 83-01, Assessor's Parcel Number 317-640-52," amended to stop work on the park until after the September 5, 1995 City Council meeting when they will consider a report from staff regarding their options. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 6 (203-08) CONDITIONAL USE PERMIT 95-06 APPLICANT: AIRTOUCH CELLULAR Presiding Officer Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a cellular telecommunications facility at 14624 Tierra Bonita Road, at the top of Kent Hill. This will be west of the dish operated by Cox Cable and the height will not exceed the height of that dish. Staff recommends approval. Speaking in opposition to staff recommendation: David Weeks, 14266 Tierra Bonita, Road Mike Hadjiaghai, 14266 Tierra Bonita Road Speakers expressed concern regarding access to this facility across their private road, and the visual impacts. Speaking in favor of staff recommendation: Susan Lay, 3615 Kearny Villa Road, San Diego, representing AirTouch Cellular. She stated this is an unmanned facility and will be landscaped on the perimeter. City Manager Bowersox suggested adding a condition that they help pay for road maintenance and repair any damage done during construction. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing; issue a mitigated Negative Declaration; and adopt Planning Resolution No. P-95-48, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 95-06, Assessor's Parcel Number 321-191-11," as amended regarding road maintenance. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. 56O8 Page 5 - CITY OF POWAY - August 22, 1995 ITEM 7 (401-27) 1995-96 TAX RATES Presiding Officer Emery opened the public hearing. Staff report by City Manager Bowersox. The City has two existing general obligation bond issues for the Sewer Improvement District and PowayMunicipal Water District. In order to collect the amount necessary to pay the principal and interest on these bonds, the City Council is required to annually set a property tax rate. Staff proposes a rate of $0.00203 for the Sewer Improvement District and $0.06022 for the Poway Municipal Water District. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 95-099, entitled, "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Year 1995-1996 for Improvement Districts of the City Formerly Known as Poway Municipal Water District and Pomerado County Water District." Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 8 (701-04) ORDINANCE NO. 451/FIRST READING REDUCING SPEED LIMIT ON TIERRA BONITA ROAD Presiding Officer Emery opened the public hearing and read the title of Ordinance No. 451, "An Ordinance of the City of Poway, California, Amending Section 10.32.209 and Section 10.32.020 of the Poway Municipal Code Reducing Speed Limits on Tierra Bonita Road from Twin Peaks Road to Belvedere Drive." Staff report by City Manager Bowersox. The Traffic Safety Committee reviewed conditions on Tierra Bonita Road south of Twin Peaks Road and found the posted speed limit of 35 MPH does not match the existing ordinance establishing a 40 MPH limit. This Ordinance will correct that discrepancy and set the limit at 35 MPH. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to waive further reading and continue the public hearing to September 5, 1995 for second reading. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 9 (203-14) DEVELOPMENT REVIEW 95-10 APPLICANT: RDO EQUIPMENT COMPANY Presiding Officer Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 15,390 square foot sales and service 56O9 Page 6 - CITY OF POWAY - August 22, 1995 facility for a construction equipment dealer at the southeast corner of Danielson Street and Parkway Centre Drive in the South Poway Business Park. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-g5-4g, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 95-10, Assessor's Parcel Number 317-280-36," as revised by staff. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 10 (1180-05) COMMUNITY CONTRIBUTION REQUEST FRIENDS OF BLUE SKY CANYON Staff report by City Manager Bowersox. The Friends of Blue Sky Canyon have requested a donation of $1,200 to fund a start-up library for the Blue Sky Ecological Reserve. The Department of Fish & Game has requested the return of resource materials currently being used by volunteers and the staff interpretive specialist at Blue Sky. Staff recommends approval. Speaking in favor of staff recommendation: Allen Feldstein, 12260 Corte Sabio, San Diego Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve a community contribution of $1,200 to the Friends of Blue Sky Canyon. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 11 (402-05) SPECIAL PERMIT FEE SOLID WASTE COLLECTION Staff report by City Manager Bowersox. This item was continued from August 8, 1995. Following discussions with the Poway Unified School District, staff recommends that the fee for special permittees serving other governmental entities be reduced from five percent to two and one-half percent of gross receipts received for that portion of the contract serving the Poway City limits. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt Resolution No. 95-100, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Special Permit Fees for the Collection of Solid Waste and Recyclables, and Rescinding Resolution No. 90-227." Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. 5610 Page 7 - CITY OF POWAY - August 22, 1995 AD~OURNRENT Presiding Officer Emery adjourned the meeting at 8:20 p.m. on motion by Councilmember Cafagna, and seconded by Councilmember Rexford. It was noted that the regular meeting of August 29, 1995 has been cancelled. Marjorie~K. Wahlsten, City Clerk City off,way 5611