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