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CC 1995 10-17 CZTY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 17, 1995 The October 17, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:05 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 Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Steve Streeter Mike Robinson 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 Principal Planner Traffic 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: Susan Sheldon, 13411Starridge Street, asked the City Council to reconsider covering the creek channel on the library site. Diana Kawamoto, 12706 Robison Blvd., asked the City Council to reconsider placing a park on Lot 100 of Golden City, Unit i which is the property currently owned by the Iglesia ni Cristo. She read from documents that she stated gives her a vested right in that property. Bill Barnick, 14645 Sunrise Canyon Road, spoke about the roofs in his subdivision and stated the specifications were changed by Esgil Corporation and they are at fault for defects. 565O Page 2 - CITY OF POWAY - October 17, 1995 CONSENT CALENDAR Councilmember Cafagna stated he would disqualify himself from voting on Item 16.2. Motion by Councilmember Emery, seconded by Councilmember Callery to approve the Consent Calendar as follows: e Approval of Minutes - City Council September 26, 1995, Regular Meeting 11. Ratification of Warrant Register for period of September 25-29, 1995 (401-10) 12. Adoption of Resolution No. 95-111, entitled, "A Resolution of the City Council of the City of Poway, California Establishing No Stopping, Standing, or Parking Zones on Apache Road," south side, west of Midland Road, and that street widening be required with the next review of the church's Conditional Use Permit. (1163-01) 13. Approval of Donation of 1985 Chevrolet Caprice to the Sheriff's Department for use by the Senior Volunteer Patrol Program. (1180-05) 14. Approval of Final Map for Tentative Parcel Map 95-03, Tech Business Center, applicant; a two parcel subdivision of a 32.5 acre parcel located at the northeast corner of Tech Center Drive and Kirkham Way, bordered by Scripps Poway Parkway on the north. (203-02) 15. Accept the bid withdrawal of Interwest Pacific Ltd., and award the bid for Drainage Improvements for Avenida Florencia and Willow Run Road (1418/1420) to Carolyn E. Scheidel-Contractor in the amount of $206,195. (602-01 #1104) 16. Award of bid for live trout to Whitewater Trout Company in the amount of $69,440. (601-03) 16.] Approval of Cooperative Agreement with the County of San Diego for inspection and materials testing on the Scripps Poway Parkway East project. (602-01 #1103) 16.2 Continue the award of bid for construction of Del Poniente Sewer Line, Phase I, to October 31, 1995. (601-03) Motion carried unanimously with the exception of Councilmember Cafagna disqualified on Item 16.2 ITEM 4 (1401-14) BLUE SKY ECOLOGICAL RESERVE BICYCLE ADVISORY COMMITTEE 5651 Page 3 - CITY OF POWAY - October 17, lg95 Item introduced by City Manager Bowersox. Staff report by Director of Community Services Thomas. On November 15, 1994, the City Council approved a cooperative agreement with the State Department of Fish & Game to conduct a six month trial period for bicycle access into Blue Sky Ecological Reserve. The agreement stipulated that an advisory coordinating committee composed of interested parties would be formed to evaluate the results of the trial period and advise the City and the State on future bicycle use in the Reserve. The Advisory Committee has voted to recommend that bicycle access be prohibited because of impacts on wildlife and failure of some bicyclists to strictly adhere to the rules of conduct. Speaking in favor of staff recommendation: Brian Swanson, 9065 Danube, San Diego, representing Friends of Los Penasquitos Canyon Preserve Louise Fiorillo, State Fish & Game Anna Gately-Stanton, 9926 Backer, San Diego, Secretary of Friends of Blue Sky Canyon David Stanton, 9926 Backer, San Diego, Treasurer of Friends of Blue Sky Canyon Robert Turner, 12645 Calma, San Diego, Blue Sky volunteer Patty Heyden, 13226 Fred Road, volunteer biologist at Blue Sky Richard Roedell, 15094 Avenido Venusto, Blue Sky volunteer Alan Toretto, 14661 Dash Way, Poway High School Biology teacher Robert Patton, Blue Sky Reserve Supervising Park Ranger Speaking in opposition to staff recommendation: Stephen Garvin, 17495 Fairhope, San Diego K. C. Butler, 13930 Sagewood Terry Callan, 14753 Carlson, Blue Sky Bike Patrol coordinator DeAnne Erickson, 15051 Vali Hai, Chairperson of the Parks & Recreation Committee and Trails Subcommittee Robert Coates, 14341 York Council discussed the intent of the preserve and the policy of banning certain segments of the public. Councilmember Cafagna stated he feels it should be open to all segments. Councilmember Callery stated Blue Sky is a reserve, not a park and no other reserves in the State allow bicycle access. Mayor Higginson stated that no matter what the City Council decides, the final decision will be made by the State. Motion by Councilmember Callery, seconded by Mayor Higginson to adopt staff recommendation. Motion carried 4-1 with Councilmember Cafagna voting "no." ITEM 5 (602-01 #1042) HIGH ACCIDENT LOCATION PROGRAM Item introduced by City Manager Bowersox. Director of Engineering Services Weston highlighted the accomplishments of the Traffic Engineering Division, in 5652 Page 4 - CITY OF POWAY - October 17, 1995 part as a result of the 1993 Hughes Heiss Management Study. The latest project to be completed was the High Accident Location and Analysis Program which combined a Geographic Information System with an accident database which can analyze conditions in minutes. The City has one of the best traffic safety records in the State and has completed many of the projects with grant funds. Council concurred to accept the report. ITEM 6 (1110-01) GARDEN ROAD RESIDENT REQUEST FOR INFORMATION ON SCRIPPS POWAY PARKWAY Staff report by City Manager Bowersox. At the October 3, 1995 City Council meeting, residents from the Garden Road area requested a neighborhood meeting to discuss construction scheduling for Scripps Poway Parkway easterly extension. Staff has scheduled a meeting for Thursday, October 26 at Garden Road School. The construction contract was awarded to Signs & Pinnick and brushing is scheduled to begin next week. Speaking in favor of staff recommendation: Gail Trunnell, 13314 Neddick Avenue Randy Wilkins, 14617 Acton Court. Mr. Wilkins stated his office is on Garden Road and he requested a copy of the maps showing the road alignment that he can show to residents asking questions. Councilmember Emery noted that the project is going ahead as bid and the alignment cannot be changed. Motion by Mayor Higginson, seconded by Councilmember Callery to direct staff to conduct a neighborhood meeting to advise the Garden Road residents of the construction schedule and activities anticipated for the Scripps Poway Parkway. Motion carried unanimously. ITEM 7 (405-01) 1995 WATER REVENUE BONDS Staff report by City Manager Bowersox. Staff recommends sale of $4,000,000 of Water Revenue Bonds to finance the water treatment plant upgrade. In order to proceed it is necessary for the City Council and Poway Public Financing Authority to adopt a Resolution approving the sale, the Installment Purchase Agreement, Indenture of Trust Agreement with Bank of America, Bond Purchase Agreement with Grigsby Brandford, and Bond Counsel Agreement with Stradling, Yocca, Carlson & Rauth. Motion by Councilmember Emery, seconded by Councilmember Callery to adopt Resolution No. 95-112, entitled, "Resolution of the City Council of the City of Poway Approving an Installment Purchase Agreement and an Indenture of Trust, 5653 Page 5 - CITY OF POWAY - October 17, 1995 Authorizing the Sale, Execution and Delivery of Not More than $4,000,000 Principal Amount of Poway Public Financing Authority Revenue Bonds, Series 1995 and Approving Certain Other Agreements and Documents and Authorizing Certain Actions in Connection Therewith." Motion carried unanimously. ITEM 8 (405-01) REFUNDING GENERAL OBLIGATION BONDS Staff report by City Manager Bowersox. The City has four outstanding voter- approved general obligation bonds approved by the Poway Municipal Water District prior to incorporation with a combined outstanding principal of $7,455,000 and interest rates ranging from 5.75% to 7.5%. Staff recommends 1995 Refunding Bonds be issued which will result in substantial savings to taxpayers of about 6 cents per $100 of assessed valuation. Taxes on a $200,000 home for the combined general obligation bonds would drop from $120 to $40. Motion by Mayor Higginson, seconded by Councilmember Emery to adopt Resolution No. 95-113, entitled, "Resolution of the City Council of City of Poway Providing for the Issuance of 1995 General Obligation Refunding Bonds of Said City (Poway Municipal Water District Improvement Area} in the Approximate Amount of $6,300,000," and Resolution No. 95-114, entitled, "Resolution of the City Council of the City of Poway Authorizing the Preparation, Sale and Delivery of Not to Exceed $6,300,000 Principal Amount of 1995 General Obligation Refunding Bonds of City of Poway and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith." Motion carried unanimously. ITEM 8.1 (203-21) INITIATION OF SPECIFIC PLAN AMENDMENT 84-01BB OUTDOOR STORAGE BY CONDITIONAL USE PERMIT Staff report by City Manager Bowersox. Staff proposes initiation of an amendment to the South Poway Specific Plan to allow outside storage on Lots 36, 40, 52, 53 and 54 within Parkway Business Centre by Conditional Use Permit. Director of Planning Services Wright-Quastler responded to Councilmember Rexford and stated these lots will be the last that staff will recommend for this type use. Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution No. 95-115, entitled, "A Resolution of the City Council of the City of Poway, California Initiating an Amendment to the South Poway Specific Plan, Specific Plan Amendment (SPA 84-01BB)." Motion carried unanimously. ITEM 8.2 (203-07) TEMPORARY USE PERMIT 95-84 APPLICANT: ANYTIME TOWING Staff report by City Manager Bowersox. In order to meet the demands of police 5654 Page 6 - CITY OF POWAY - October 17, 1995 and automobile towing contracts, Anytime Towing proposes to relocate their towing operation and temporary storage of impounded vehicles from their Miramar site to the Parkway Business Centre, Lots 52, 53 and 54. They will be applying for a Conditional Use Permit once Specific Plan Amendment 84-01BB is approved. Staff recommends approval. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Planning Resolution No. P-95-59, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-84." Motion carried unanimously. CITY ATTORNEY ITEHS City Attorney Eckis requested three closed sessions: A. Conference with Legal Counsel - Existing Litigation -- §54956.9(a) Case: Poway Redevelopment Agency v. Parkway Business Centre, Parkway Partners, ADI Property Inc., D.L. Daley Corp. & Burlich Corp. Superior Court Case No. 685313 B. Conference with Legal Counsel - Existing Litigation -- §54956.9(a) Case: Poway Redevelopment Agency v. Fisher Enterprises Superior Court Case No. 687121 Ce Conference with Legal Counsel - Existing Litigation -- §54956.9(a) Case: Poway Property Owners Group v. the United States of America (Babbitt), U.S.District Court # City Attorney Eckis stated he has joined the City's name to an amicus brief in the case of City of San Jose v. State of California regarding mandate reimbursements. MAYOR AND CITY COUNCIL-INITIATED ITEMS 22A. Councilmember Rexford requested and received City Council concurrence to direct staff to prepare a letter of support to Senator Lucy Killea for proposed legislation to require alcohol server intervention training. This support has been requested by ADAPT. 22B. Councilmember Rexford requested and received City Council concurrence to prepare a letter of support to Assemblymember Steve Baldwin for AB 1952 which would provide for a penalty for juveniles who possess, transport or give away marijuana on public school campuses. CLOSED SESSION Mayor Higginson called for a closed session at 9:00 p.m. as requested by City Attorney Eckis. 5655 Page 7 - CITY OF POWAY - October 17, 1995 CALL TO ORDER AND ADJOURNHENT Mayor Higginson called the meeting back to order at 9:45 p.m. with all Councilmembers present. He stated the City Council had instructed the City Attorney and no report is required. Mayor Higginson adjourned the meeting on motion by Councilmember Rexford, seconded by Councilmember Callery. Marjorie~K. Wahlsten, City Clerk 5656