CC 1996 04-23 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR HEETING
APRIL 23, 1996
The April 23, 1996, regular meeting of the City Council of the City of
Poway, was called to order at 7:00 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, Betty Rexford, Don Higginson
COUNCILMEHBERS ABSENT AT ROLL CALL
Bob Emery
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Mark Sanchez
Steve Streeter
Alan Fulmer
Patrick Foley
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 Safety Services
Principal Planner
Sheriff's Captain
Principal Management Analyst
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Cafagna 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:
Barb Swanson, 13210 Dana Vista, requested weeds and trees on the south side
of Rattlesnake Creek be cleaned up.
Vicki Campbell, 12307 Oak Knoll Road, Assemblyman Jan Goldsmith's field
representative, gave a legislative update.
5781
Page 2 - CITYOF POWAY - April 23, 1996
CONSENT CALENDAR
Mayor Higginson stated that Item 21 has been pulled by the public. Motion by
Councilmember Cafagna, seconded by Councilmember Rexford, to approve the Consent
Calendar as follows:
18.
Approval of Minutes - City Council
March 26, 1996, Regular Meeting
20. Ratification of Warrant Register for period of April 1-5, 1996. (401-10)
22.
Acceptance of Avenida Florencia and Willow Run drainage improvements and
release of securities, Carolyn E. Scheidel, contractor. (602-01 #1105)
23.
Acceptance of public improvements for improvements of Cynthia Lane and
release of securities, Grace Trinity Church of Poway, applicant.
(602-01 #1124)
24.
Approval of 3-Year Fireworks Display Agreement with Fireworks America for
two shows per year. (602-01 #1137)
24.1
Adoption of the following positions on pending legislation: support SB
1909 which provides local agencies with access to State Board of
Equalization records and decision making practices; oppose ACA 38 which
would require cities, including charter cities, to obtain majority voter
approval for a general tax, existing benefit assessments, or property
related fees. {701-11)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (203-02)
TENTATIVE PARCEL MAP 95-01
APPLICANT: DAVID BARKIN
City Manager Bowersox stated that the applicant has requested a continuance in
order to continue reviewing proposed conditions of approval with staff. Staff
recommends continuance to May 14, 1996.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to continue
consideration of Tentative Parcel Map 95-01 to May 14, 1996. Motion carried 4-0
with Councilmember Emery absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 96-01
APPLICANT: B.J'S RENTALS
5782
Page 3 - CITY OF POWAY - April 23, 1996
City Manager Bowersox stated the applicant has requested a continuance to allow
time for consideration of additional improvements. Staff recommends continuance
to May 21, 1996.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to continue
consideration of Conditional Use Permit 96-01 to May 21, 1996. Motion carried
4-0 with Councilmember Emery absent.
ITEM 6 (203-08)
CONDITIONAL USE PERMIT 96-04
APPLICANT: ALBA YAMAHA
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to establish a motorcycle/boat/all-terrain vehicle
dealership with both sales and repair within an existing auto dealership complex
at 12255 Poway Road. They propose to move from their existing location at 13860
Poway Road. 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-96-25, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Conditional Use
Permit 96-04, Assessor's Parcel Number 317-151-60." Motion carried 4-0 with
Councilmember Emery absent.
ITEM 7 (203-04)
MINOR DEVELOPMENT REVIEW 96-13
VARIANCE 96-02
APPLICANT: DENNIS ZOCCO
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to construct a 7,652 square foot residence at 17864
Old Winemaster Way with a variance to allow a 20 foot encroachment into the
required 50 foot rear yard setback. 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-96-23, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 96-02 and
MDRA 96-13, Assessor's Parcel Number 273-102-15." Motion carried 4-0 with
Councilmember Emery absent.
5783
Page 4 - CITY OF POWAY - April 23, 1996
ITEM 8 (203-04)
MINOR DEVELOPMENT REVIEW 96-14
VARIANCE 96-03
APPLICANTS: CHAUR AND CHING CHENG
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request for a 2,326 square foot, two story addition to
encroach 10 feet within the required 20 foot sideyard setback at 15154 Pomerado
Road. Staff recommends approval.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Cafagna to close the
public hearing and adopt Planning Resolution No. P-96-24, entitled, "A Resolution
of the City Council of the City of Poway, California Approving Variance 96-03
and MDRA 96-14, Assessor's Parcel Number 314-370-26." Motion carried 4-0 with
Councilmember Emery absent.
ITEM 9
NOTICE OF
LANDSCAPE
(705-07)
INTENTION/ENGINEER'S REPORT
MAINTENANCE DISTRICT 83-1
ITEM 10
NOTICE OF
LANDSCAPE
(705-09)
INTENTION/ENGINEER'S REPORT
MAINTENANCE DISTRICT 86-1
ITEM 11
NOTICE OF
LANDSCAPE
(705-11)
INTENTION/ENGINEER'S REPORT
MAINTENANCE DISTRICT 86-2
ITEM 12
NOTICE OF
LANDSCAPE
(705-12)
INTENTION/ENGINEER'S REPORT
MAINTENANCE DISTRICT 86-3
ITEM 13
NOTICE OF
LANDSCAPE
(705-14)
INTENTION/ENGINEER'S REPORT
MAINTENANCE DISTRICT 87-1
ITEM 14 (705-10)
NOTICE OF INTENTION/ENGINEER'S REPORT
POWAY LIGHTING DISTRICT
Staff report by City Manager Bowersox. Staff has prepared Resolutions of
Intention setting public hearings for the landscape maintenance districts and
lighting district to levy and collect assessments for 1996-97. There are no
increases proposed in the assessments.
5784
Page 5 - CITY OF POWAY - April 23, 1996
Motion by Councilmember Cafagna, seconded by Councilmember Callery to take the
following actions:
Adopt Resolution No. 96-026, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 83-1 for Fiscal Year 1996/97,"
approving the Engineer's Report recommending assessments of $118.48 per year in
Zone A and $255.34 per year in Zone B, and setting public hearings for May 14 and
June 18, 1996.
Adopt Resolution No. 96-027, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-1 for Fiscal Year 1996/97,"
approving the Engineer's Report recommending assessments of $261.00 per year in
Zone A and $-0- per year in Zone B, and setting public hearings for May 14 and
June 18, 1996.
Adopt Resolution No. 96-028, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-2 for Fiscal Year 1996/97,"
approving the Engineer's Report recommending assessments of $186.16 per year in
Zone A and $240.90 per year in Zone B, and setting public hearings for May 14 and
June 18, 1996.
Adopt Resolution No. 96-029, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 86-3 for Fiscal Year 1996/97,"
approving the Engineer's Report recommending assessments of $163.00 per year in
Zone A and $113.80 per year in Zone B, and setting public hearings for May 14 and
June 18, 1996.
Adopt Resolution No. 96-030, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Landscape Maintenance District 87-1 for Fiscal Year 1996/97,"
approving the Engineer's Report recommending assessments for various projects and
approving the collection of monies in lieu of assessments from the City and the
Redevelopment Agency, and setting public hearings for May 14 and June 18, 1996.
Adopt Resolution No. 96-031, entitled, "A Resolution of the City Council of the
City of Poway, California Declaring the Intention to Levy and Collect Assessments
within Poway Lighting District for Fiscal Year 1996/97," approving the Engineer's
Report recommending assessments of $15.00 per year in Zone A, $3.75 per year in
Zone B and $13.58 per year in Zone C, and setting public hearings for May 14 and
June 18, 1996.
Motion carried 4-0 with Councilmember Emery absent.
5785
Page 6 - CITY OF POWAY - April 23, 1996
ITEM 15 (203-11)
GENERAL PLAN AMENDMENT 96-02 INITIATION
POWAY ROAD SPECIFIC PLAN/ROCKPILE
Staff report by City Manager Bowersox. Initiation of General Plan Amendment 96-
02 proposes to create four new land use designations associated with the Poway
Road Specific Plan; to redesignate the properties within the Poway Road Specific
Plan area to one of the new categories; to change the land use and zoning for
four parcels located near the intersection of Poway and Garden Road from MS to
CG; and to redesignate the Mt. Olive Lutheran Church from a split zone of MS/RS-2
to entirely RS-2.
Motion by Councilmember Rexford, seconded by Councilmember Callery to adopt
Resolution No. 96-032, entitled, "A Resolution of the City Council of the City
of Poway, California Initiating General Plan Amendment 96-02." Motion carried
4-0 with Councilmember Emery absent.
ITEM 16 (1403-06)
APPEALS OF WEED ABATEMENT NOTICES
City Manager Bowersox stated that this is the time for any property owner to
appeal the "Notice to Clean Premises" that was mailed on April 1, 1996. There
was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Rexford to find there were
no appeals received. Motion carried 4-0 with Councilmember Emery absent.
ITEM 17 (1504-10)
MEMORANDUM OF UNDERSTANDING WITH
COUNTY OF SAN DIEGO REGARDING
SHERIFF'S SUB-STATION AND SITE SELECTION
City Manager Bowersox stated on March 1, 1994, the Board of Supervisors
authorized the County Director of General Services to begin a market search for
a 12,000 square foot building in Poway to house the Sheriff's substation. They
subsequently authorized an increase to 15,000 square feet. Initially, the City
proposed that the Sheriff Station be located on the former Western Lumber site
adjacent to the proposed new library. The proposal included the City acquiring
a 2-acre portion of the Western Lumber site from the Redevelopment Agency; the
City selling revenue bonds to cover the cost of land acquisition, design, site
preparation, and construction; and the City entering into a long-term lease with
the County to rent the facility and pay the debt service on the revenue bonds.
A proposed Memorandum of Agreement with the County was negotiated and approved
by the Board of Supervisors on March 19, 1996. Staff recommends approval.
Speaking in opposition to staff recommendation:
5786
Page 7 - CITY OF POWAY - April 23, lg96
Larry Cruse, 13734 Utopia
Joye Davisson, 13733 Celestial
Ellen Bernee, P.O. Box 823
Speakers objected to the Sheriff's substation being located adjacent to the
library in part because of future needs to expand the library and the community
park.
Following discussion, motion by Mayor Higginson, seconded by Councilmember
Cafagna to approve the Memorandum of Agreement with the County of San Diego
regarding the development, financing, and lease of the Poway Sheriff Station;
designate the two-acre site adjacent to the library as the site for the proposed
Sheriff station; appropriate $200,000 from the General Fund reserves so that an
architect can be retained to design the Sheriff station; authorize the City
Manager to enter into an agreement with Cardwell/McGraw Architects to design the
Sheriff station; authorize staff to begin development of the necessary bond
documents for a bond issue to finance the land acquisition, design, and
construction of the Poway Sheriff station; and adopt Resolution No. 96-033,
entitled, "A Resolution of the City Council of the City of Poway, California,
Regarding its Intention to Issue Tax-Exempt Obligations." Motion carried 4-0
with Councilmember Emery absent.
ITEM 17.1 (701-04)
ORDINANCE NO. 460/SECOND READING
INTEGRATED FINANCING DISTRICT NO. 96-1
Mayor Higginson read the title of Ordinance No. 460, "An Ordinance of the City
Council of the City of Poway Making Determinations, Confirming Assessments and
Proceedings, Making Contributions, Approving Revised Engineer's Report, Ordering
Proposed Improvements and Directing Staff to Take Certain Related Actions in the
Matter of Integrated Financing District No. 96-1."
Staff report by City Manager Bowersox. This will provide the means to improve
the roads in High Valley and take over road maintenance from County Service Area
5.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to waive
further reading and adopt Ordinance No. 460. Motion carried 4-0 on a roll call
vote.
ITEM 17.2 (405-01)
BOND DOCUMENTS FOR INTEGRATED FINANCING
DISTRICT NO. g6-1/HIGH VALLEY ROADS
Staff report by City Manager Bowersox. Bond Counsel has determined that the
formation of an Integrated Financing District will provide the greatest
flexibility to the City in securing its 1915 Act bonds for financing the
5787
Page 8 - CITY OF POWAY - April 23, 1996
construction of the High Valley Road Improvements. In order to proceed, it is
necessary for the City Council to adopt resolutions and approve certain
documents.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt
Resolution No. 96-034, entitled, "Resolution of the City of Poway approving the
Preparation and Sale of not to exceed Seven Hundred and Forty Thousand Dollars
($740,000} Principal Amount of 1996 Limited Obligation Improvement Bonds and
Approving Certain Documents and Authorizing Certain Actions in Connection
Therewith," and Resolution No. 96-035, entitled, "A Resolution of the City
Council of the City of Poway Designating the City Treasurer to Collect and
Receive Assessments and to Establish a Special Fund for Integrated Financing
District No. 96-1 (High Valley Roads)," approve the Notice Inviting Bids, the
Notice of Intention to Sell Securities, the continuing disclosure Agreement, and
the Preliminary Official Statement; and direct staff to proceed with the
competitive sale for the issuance of bonds. Motion carried 4-0 with Councilmember
Emery absent.
ITEM 21 (30-03)
AUTHORIZATION TO DESTROY CERTAIN RECORDS
Mayor Higginson stated this item had been pulled from the Consent Calendar by the
public. Staff report by City Clerk Wahlsten. Staff is authorized by the
Government Code to destroy certain records with the concurrence of the City
Attorney and authorization by the City Council. Annually, staff prepares a list
of records and submits it to the City Council. Staff recommends authoriation to
destroy certain records.
Speaking in opposition to staff recommendation:
Sylvia Nicpon, 13325 Buena Vista, stated the title of the Resolution should
be changed to be clearer, and asked if she could look at the records that are
scheduled for destruction.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to adopt
Resolution No. 96-036, entitled, "A Resolution of the City Council of the City
of Poway, California, Authorizing the City Department Head to Destroy City
Records After the Same are no Longer Required," and instructed the City Clerk to
not destroy until the end of ten working days to give the public a chance to
review them. Motion carried 4-0 with Councilmember Emery absent.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
Mayor Higginson stated that Councilmember Emery's appointment to the Budget
Review Committee is Ann Martin.
5788
Page 9 - CITY OF POWAY - April 23, 1996
ADJOURNHENT
Mayor Higginson adjourned the meeting at 8:15 p.m.
Marjorie~. Wahlsten, City Clerk
City Of Poway
5789