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CC 1995 12-19 CITY OF POWAY, CALIFORNIA NINUTES OF THE CXTY COUNCIL REGULAR MEETING DECEMBER 19, 1995 The December 19, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:10 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMENBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford, Don Higginson COUNCILMENBERS ABSENT AT ROLL CALL Susan Callery STAFF NENBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Sharer Penny Riley City Manager City Clerk 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 Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PRESENTATIONS Ae Mayor Higginson presented a Business Enhancement Award to Jim and Debbie Faaborg, for improvements to their business, Poway Valley Collision, 14211 Garden Road. Be Lt. Col. George Martin, USMC, answered questions from the City Council and public regarding the proposed Marine Corps air operations at Miramar Air Station. Members of the public speaking and expressing concerns regarding noise of the helicopters were: David Lopez, 13252 Aubrey Street Jim Cammarano, 14644 Poway Mesa Drive Diane Howard, 14755 High Valley Road David Yates, 15002 Heath Drive Max Llanos, 12316 Sage View Road Roger Willoughby, 13732 Fairgate 5691 Page 2 - CITY OF POWAY - December ]9, 1995 PUBLZC ORAL COgNUN[CATZONS Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Roger Willoughby, 13732 Fairgate Drive, spoke in favor of term limits for City Councilmembers. Richard Ludwig, 12720 Metate Lane, asked questions about the Metate Road repaying project that is currently underway. Vicki Campbell, 12596 Oak Knoll Road, field representative for Assembly- member Jan Goldsmith, gave a legislative update. James Jeffries, 13422 Community Road, stated the Poway Taxpayers Association is opposed to the recall efforts because of the cost to the City. They are urging voters to decline to sign the petitions. CONSENT CALENDAR City Manager Bowersox stated that Item 21 is being removed from the Calendar. Mayor Higginson stated that Item 24 has been pulled by the public and will be heard in its numerical order. Motion by Councilmember Emery, seconded by Councilmember Cafagna, to approve the Consent Calendar, as follows: 11. Approval of Minutes - City Council November 14, 1995, Regular Meeting November 21, 1995, Canceled Meeting November 28, 1995, Regular Meeting 13. Ratification of Warrant Register for period of November 27-December 1, 1995. (401-10) 14. Authorization to post the Local Appointments List for 1995. (701-09) 15. Annual Review of Development Agreement with CF Poway, Ltd. (602-01 #400) 16. Annual Review of Development Agreement with Environmental Development. (602-0] #83o) 17. Annual Review of Development Agreement with Tech Business Center. (602-01 #835) 18. Annual Review of Development Agreement with Poway Corporate Center. (602-01 #836) 5692 Page 3 - CITY OF POWAY - December 19, 1995 19. Annual Review of Development Agreement with Trident Homes of California Inc. {successor to McMillin Equity Partners II). {602-01 #874) 20. Adoption of 1996 Calendar for Canceled Meetings, authorizing the cancellation of January 2, April g, May 28, July 16, October 15, November 5, November 26, December 24 and 31, 1996 regular meetings. (701-01) 21. Removed consideration of Resolution No. 95- Annexation into Landscape Maintenance District 87-1, Watkins~king, Tech Business Center, from calendar. {705-14} 22. Approval of amendment to Agreement with Comprehensive Housing Services, Inc. for Administration of the CDBG Housing Rehabilitation Program, increasing the maximum contract amount to $40,150 and extending the term of the Agreement to September 14, 1996. {602-01 #1052) 23. Approval of time extension of Standard Agreement for Public Improvements to July 5, 1997, 1-FM 88-12, Green Valley Oaks, located on the west side of Sagewood Lane, south of Sagewood Drive and north of Rostrata Road; Richard Lareau, applicant. (602-01 #801) 25. Award of bid for the City's Tree Pruning Program to Atlas Environmental in the amount of $47,891.00 (602-01 #1120) Motion carried 4-0 with Councilmember Callery absent. ITEM 5 (203-04) VARIANCE 95-11/DEVELOPMENT REVIEW 94-07 APPLICANT: SHEA HOMES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to substitute single story homes on five lots and encroach into the required rear yard setback on three lots and side yard setback on two lots in order to accommodate the single story plan within the subdivision located at the northeast corner of Pomerado Road and Metate Lane. Speaking in opposition to staff recommendation: Richard Ludwig, 12720 Metate Lane Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-95-66, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 95-11 and Amending Development Review 94-07, Assessor's Parcel Number 317-211-04 {Portions)." Motion carried 4-0 with Councilmember Callery absent. 5693 Page 4 - CITY OF POWAY - December 19, 1995 ITEM 6 (203-11) GENERAL PLAN AMENDMENT/ZONE CHANGE 96-01 INITIATION FOR 40 HORSE TRAINING FACILITY Staff report by City Manager Bowersox. This is a request to redesignate a 6.1 acre property located at 14305 Twin Peaks Road from Rural Residential C to rural Residential B in order for the owner to apply for a conditional use permit to operate a horse training facility with up to 40 horses. Staff recommends approval of the initiation. Speaking in opposition to staff recommendation: Paul Fisher, 14265 Twin Peaks Road, stated that the CC&Rs for Culebra Hills prohibits commercial operation on any property. Councilmember Rexford requested that Notice of Public Hearing be sent to everyone in the Culebra Hills subdivision when it is set for hearing. Councilmember Emery disqualified himself because of the proximity of his home to the subdivision. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to adopt Resolution No. 95-130, entitled, "A Resolution of the City Council of the City of Poway, California Initiating General Plan Amendment (GPA) 96-01 and Zone Change (ZC) 96-01." Motion carried 3-0 with Councilmember Callery absent and Councilmember Emery disqualified. ITEM 7 (1170-02) REBATE OF 1995-96 SEWER CHARGES Staff report by City Manager Bowersox. The San Diego Metropolitan Wastewater Department has rebated the following amounts to the City: $694,000 for over billings in 1994-95, $197,000 for inaccurate calculations from multiple meters of San Diego wastewater entering Poway's collector system, and $109,527 for overcharges in FY 1993 for front-funded expenses for capital projects. Staff recommends that these rebates be passed along to Poway customers as a one-time credit against their sewer bills for the January-February cycles and place any additional revenue into the rate stabilization fund for use in minimizing future years' rate increases. Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve staff recommendation. Motion carried 4-0 with Councilmember Callery absent. ITEM 8 (405-01) UPDATE ON CITY BOND ISSUES Staff report by City Manager Bowersox. In 1995 the City completed four bond 5694 Page 5 - CITY OF POWAY - December ]9, 1995 issues: refunding of the 1986 Certificates of Participation, refunding the Poway Royal Certificates of Participation, refunding General Obligation bonds of Poway Municipal Water District from 1972, 1975 and 1978, and Water Revenue bonds to assist in financing the upgrade of the water treatment plant. Staff prepared an update on these bond issues, including the refunding of general obligation bonds which will save taxpayers $40 per $100,000 of assessed valuation for the next six years when the bonds will be paid off. Council concurred to receive and file the report. ITEM 9 (203-14) DEVELOPMENT REVIEW 95-12 APPLICANT: KIRKHAM STOWE. INC. Staff report by City Manager Bowersox. This is a request to construct a 52,475 square foot industrial building on a vacant pad on Kirkham Court within the Scenic View Business Park. This item was continued from November 28, 1995 when the City Council requested staff assess the adequacy of project parking and review the effectiveness of the adopted parking standards throughout the South Poway Business Park. The latter item is Item 10 on this agenda. Development of this parcel will result in 29 additional parking spaces. The project complies with the parking standards, however is recommended a condition be added allowing staff to require additional parking on vacant pad "J" or eliminate some of the loading doors and locate parking in these areas, if the future tenant requires more than the standard number of spaces. Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt Planing Resolution No. P-95-67, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 95-12, Assessor's Parcel Number 317-225-04 and 317-225-05." Motion carried 4-0 with Councilmember Callery absent. ITEM 10 (1163-03) REVIEW OF PARKING STANDARDS SOUTH POWAY BUSINESS PARK Staff report by Director of Planning Services Reba Wright-Quastler. Council requested that staff review the adopted parking standards throughout the South Poway Business Park. Staff inspected parking areas throughout the Business Park, contacted a few research/advisory agencies, reviewed a parking survey prepared by Planning Services in 1992, researched established parking standards for selected industrial areas in Southern California, and considered Transportation Demand Management policies. Staff concludes that parking requirements for the Business Park are generally consistent with standards in use elsewhere and parking provided is generally adequate. Council concurred to receive and file the report. 5695 Page 6 - CITY OF POWAY - December 19, 1996 ITEM 24 (1110-04) ALTERNATIVE EMERGENCY/SECONDARY ACCESS FOR OLD POMERADO ROAD Staff report by City Manager Bowersox. On May 23, 1995, the City Council directed staff to conduct neighborhood meetings to discuss limitations of Stowe Drive extension and search for other alternatives. A total of three meetings were held and a variety of alternatives for emergency/secondary access to Old Pomerado Road were discussed. The majority of the property owners in attendance were concerned with the need for a second access during an emergency; the need for a pedestrian crossing at the existing bridge; inspection and evaluation of the structural integrity of the existing bridge; and the installation of a traffic signal at the intersection of Pomerado Road and Old Pomerado Road. Staff recommends approval of Alternate 6 which provides an emergency access road located at the south end of Old Pomerado Road and connects to the Scripps Poway Parkway; a pedestrian bridge next to the existing bridge over Beeler Creek; install a traffic signal at Pomerado Road and Old Pomerado Road if warrants are met; and an analysis of the structural integrity of the bridge over Beeler Creek. Speaking in opposition to staff recommendation: Rahi Nikravesh, 12840 La Tortola, San Diego Antonette Auburn, 12302 Old Stone Road Fran Davenport, 12256 Old Stone Road Peggy Shea, 12423 Paseo Colina Robert Herold, 12072 Old Pomerado Road Neville Bothwell, 12900 Brookprinter Speakers expressed concern about deletion of plans for a secondary access by the extension of Stowe Drive from Pomerado Road to Old Pomerado Road. Councilmember Rexford asked if Mr. Bothwell had received more density on his project because he agreed to extend the road. City Manager Bowersox stated there was no project approved. The General Plan Amendment and zone change from apartments and RS-2 to condominiums had been approved with a condition of the road. Councilmember Rexford made a motion to continue this to look at the possibility of the Stowe Drive extension again. There was no second. Motion by Councilmember Emery, seconded by Mayor Higginson, to approve Alternate 6, plus a traffic signal, upgrading the bridge, and increasing the diameter of the cul-de-sac, if it can be done within the $400,000 available for the project. Motion carried 3-1 with Councilmember Rexford voting "no." CITY ATTORNEY ITEMS 27. City Attorney Eckis requested a closed session to discuss existing litigation, Government Code ¶54956.9{a), in the cases of Powa.y Property 5696 Page 7 - CITY OF POWAY - December ]9, ]995 Owners Grouo v. City of Poway, Superior Court Case No. N069334, and Powa.y Property Owners v. the United States of America, U.S. District Court No. 95- 2735-1EG-(CGA). MAYOR AND CITY COUNCIL-INITIATED ITEMS 28. Councilmember Cafagna congratulated all those involved in the Old Poway Park Christmas celebration. It was "fantastic." 30A. Councilmember Emery brought up the action taken by the City Council on January 4, 1994 regarding the Council's support of implementation of handgun controls at the local, state and national levels. Jim Cammarano, 14644 Poway Mesa Drive, spoke in opposition to gun control. Council concurred with their actions taken on January 4, 1994 and directed staff to notify legislators of positions on legislation based on those actions. 32. Mayor Higginson received Council concurrence to hold a pre-development conference for a Burger King restaurant in the MS zone on the south side of Poway Road between Olive Tree Lane and Golden Way. ADJOURNMENT Mayor Higginson adjourned the meeting at g:45 p.m. on motion by Councilmember Emery, seconded by Councilmember Cafagna. Marjoriei(. Wahlsten, City Clerk City of Pi~way 5697