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CC 1995 11-28 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 28, lgg5 The November 28, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:03 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 Dan Grindle John Fitch Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Mark Sanchez Alan Fulmer Peter Moote Penny Riley City Manager City Clerk Acting City Attorney Assistant City Manager Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Safety Services Sheriff's Captain Deputy Dir. of Administrative Services 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: Fran Colling, 13340 Alpine Drive, Vice President of Poway Royal Homeowners Association, requested the City Council remove Linda Oravec from the Housing Commission because of her libelous and scandalous remarks about the Homeowners Association. (701-09) Richard Ludwig, 12720 Metate Lane, stated he had attended a tour of the Tustin Marine Corps Air Station. The Marines will be flying in San Diego County on December 7 and 8 along the proposed corridors for their future operations. Fred Day, 13929 Olive Mesa Court, Executive Director of the Chamber of Commerce, wished the City a Happy 15th Birthday. 5675 Page 2 - CITY OF POWAY - November 28, 1995 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: Approval of Minutes - City Council October 31, 1995, Regular Meeting 11. Ratification of Warrant Register for period of October 30-November 3, 1995 and November 6-10, 1995. (401-10) 12. Adoption of Resolution No. P-95-61, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 95-83", for the Holiday Street Fair sponsored by the Chamber of Commerce, on Sunday, December 3, 1995 from 10 a.m. to 4 p.m. on Midland Road between Adrian and Edgemoor Streets. (203-07) 13. Appropriation of $6,500 to update sound system in City Council Chambers. (401-13) 14. Approval of temporary water connection for 12310 Kozy Crest Lane, approximately 450 feet west of Pomerado Road; Robin and Nancy Nelson, applicants. (1204-04) 15. Approval of one year extension to contract with Group Delta Consultants, Inc. for geotechnical services. (601-02, #956) 16. Adoption of Resolution No. 95-121, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the submittal of an application to the California Integrated Waste Management Board for a 1996-97 Used Oil Recycling Block Grant." (401-30) 17. Adoption of Resolution No. 95-122, entitled, "A Resolution of the City Council of the City of Poway Ordering the Summary Vacation of a Grant of easement-access in parcel 1 of Parcel Map No. 15618, City of Poway Tract No. 87-09, Recorded November 8, 1990 as File/Page No. 90-0606311 in the Office of the San Diego County Recorder (Vacation 95-03)," located north of Kirkham Court in the South Poway Planned Community. (1002-06) 18. Approval of City's Investment Report for period ending October 31, 1995. (408-01) 19. Resolution No. 95-123, entitled, "A Resolution of Consideration of the City Council of the City of Poway, Declaring its Intention to Conduct Proceedings for the Abandonment of Community Facilities District No. 90-1 of the City of Poway (Tech Business Center), the Termination of the Existing Special Tax of Community Facilities District No. 90-1 and the Termination of the Authority of Community Facilities District 90-1 to Issue Bonded Indebtedness," and setting a public hearing for January 9, 1996. (706-03) 5676 Page 3 - CITY OF POWAY - November 28, 1995 20. Award of bid, Transit Stop Turnout and Shelter on Midland Road, to Fox Construction in the amount of $64,912.(1644) (602-01 #1117) 21. Award of bid, Demolition of Western Lumber building, 13137 Poway Road to Whillock Contracting, Inc. in the amount of $19,000. (602-01 #242R) 21.1 Authorization for acquisition of right-of-way and approval of terms of settlement agreement, Fisher Enterprises, Scripps Poway Parkway East project. (602-01 #243R) Motion carried unanimously. COUNCIL SERVICE AWARDS Mayor Higginson presented a one year service award to Councilmember Rexford, three year awards to Councilmembers Cafagna and Callery, and a fifteen year award to Councilmember Emery. (Councilmember Cafagna left the room.) ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT g5-05 APPLICANT: ENVIRONMENTAL PRODUCTS CORP. Mayor Higginson stated this public hearing was continued from November 14, 1995. Staff report by City Manager Bowersox. This is a request to place a recycling center at the rear of the Target Store at 14837 Pomerado Road. This was continued because of concerns that it would interfere with the Poway High Band Boosters recycling efforts. Staff has met with them and a revised Resolution limiting the center to one 8' x 22' metal container and a storage building/office is presented. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-95-62, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 95-05, Assessor's Parcel Number 314-710-37." Motion carried 4-0 with Councilmember Cafagna out of the room.. ITEM 6 (1170-02) SEWER RELATED FEES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Resolution 94-084 established the criteria for sewer connection fees for general retail, commercial, and industrial buildings between 2,000 and 10,000 5677 Page 4 - CITY OF POWAY - November 28, 1995 square feet. Buildings in excess of 10,000 square feet are charged sewer connection fees based on fixture units. This created a situation where a large building could pay less fees than a smaller building because it had few fixtures. The proposed resolution will allow all buildings to pay at a rate of 1EDU per 2,000 square feet or a fixture count methods, whichever is greater. The proposed resolution also establishes two approaches to calculate capacity and sets fees to reflect the State Board of Equalization's new fees. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-124 entitled, "A Resolution of the City Council of the City of Poway Fixing and Determining Sewer Related Fees: Sewer Connection Fees, North Basin Surcharge, Indirect Benefit Fee, Annexation Fees, Sewer Line Charge, Sewer Extension Line Charge, Inspection, and Construction Fees for Sewer Service; Rescinding Resolution 94-084, Establishing Criteria for Sewer Reservation, and Amending Criteria for Sewer Connections." Motion carried 4-0 with Councilmember Cafagna out of the room. ITEM 7 (203-14) DEVELOPMENT REVIEW 95-12 APPLICANT: KIRKHAM STOWE, INC. Staff report by City Manager Bowersox. This applicant is not intending to build this building immediately, but rather get the permits in order to be ready to build a 5,475 square foot industrial building on Kirkham Court within the Scenic View Business Park. Staff recommends approval. Speaking in opposition to staff recommendation: Bill Main, 13129 Woodmont Street, owner of property at 12545 Kirkham Court, stated he has concerns regarding traffic and insufficient parking. Councilmember Emery agreed that parking is a problem in the business park and moved to continue this item to December 12. Staff was directed to bring back a process for reviewing the parking standards. Motion seconded by Councilmember Callery and carried unanimously. ITEM 8 (203-21) INITIATING SPECIFIC PLAN 84-01CC Staff report by City Manager Bowersox. On November 7, 1995, the City Council authorized staff to prepare the initiation of a specific plan amendment to allow truck terminals by conditional use permit rather than as a permitted use. Speaking in opposition to the amendment: 5678 Page 5 - CITY OF POWAY - November 28, 1995 Neville Bothwell, 12800 Brookprinter, asked why the City Council is considering taking this action when truck terminals are allowed in other industrial parks in the County and requiring a CUP is just another barrier to bringing new companies to our business park. Motion by Councilmember Rexford, seconded by Councilmember Callery, to adopt a Resolution initiating Specific Plan Amendment 8-01CC. Motion failed 2-3 with Mayor Higginson and Councilmembers Cafagna and Emery voting "no." HAYOR AND CITY COUNCIL-INITIATED ITEMS 25A. Councilmember Callery stated she wished to have her item regarding the proposed South Poway Panel removed from the calendar. She will bring it back in the future. 26. Councilmember Emery stated he had distributed to the Councilmembers a memo regarding the Cox Cable production of "Poway Turns 15," and requested it be put on the December 5, 1995 agenda under his item for discussion. 27A. Councilmember Rexford stated that several members of the public had requested that the public hearing on Iglesia ni Cristo not be held on December 19 since it was so close to Christmas. Council concurred. ADJOURNMENT Mayor Higginson adjourned the meeting at 7:40 p.m. on motion by Councilmember Emery, seconded by Councilmember Callery. Marjorie K. Wahlsten, City Clerk City of PoWay 5679