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CC 1996 06-18 CITY OF PONAY, CALIFORNIA HINUTES OF THE CITY COUNCIL REGULAR HEETXNG JUNE 18, 1996 The June 18, 1996, regular meeting of the City Council of the City of Poway, was called to order at 7:04 p.m. by Deputy Mayor Cafagna at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCZLNENBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, COUNCILNEMBERS ABSENT AT ROLL CALL Don Higginson (Mayor Higginson arrived at 8:00 p.m.) STAFF MEMBERS PRESENT James Bowersox Steve Eckis John Fitch Peggy Stewart Mark Weston Randy Williams Warren Sharer Mark Sanchez Steve Streeter Peter Moore Alan Fulmer Penny Riley Marie Lofton City Manager City Attorney Assistant City Manager Director of Administrative Services Director of Engineering Services Director of Public Services Director of Redevelopment Services Director of Safety Services Principal Planner Deputy Director of Administrative Services Sheriff's Captain Senior Management Analyst Deputy City Clerk PLEDGE OF ALLEGIANCE Deputy Mayor Cafagna led the Pledge of Allegiance. PRESENTATIONS Deputy Mayor Cafagna presented a Resolution of Commendation to Mike Severtson of Signs & Pinnick, Inc. for his company's $2,500 donation to the fireworks fund for the 4th of July and Poway Days celebrations. Councilmember Rexford and Senior Planner Jim Nessel presented a plaque to Ogden Environmental from the San Diego section of the American Planning Association for their work on the preparation of the Poway Subarea Habitat Conservation Plan. The plaque was accepted by Shawna Anderson and Wayne Spencer of Ogden Environmental. 5834 Page 2 - CITY OF POWAY - June 18, 1996 PUBLIC ORAL COHHUNICATIONS Deputy Mayor Cafagna explained the procedure for Public Oral Communications. The following persons was present wishing to speak. Ann Laux, 12710 Roca Grande Dr., requested a warning sign for a horse crossing at Tierra Bonita and Twin Peaks Roads. She described a horse/car accident that recently occurred at that location. Council referred this to the Traffic Safety Committee. Merrilee Boyack, 14418 Crestwood, thanked the Council and staff for Arbolitos Mini-Park and urged the construction of more neighborhood parks. Sue Sheldon, 13411Starridge St., representing the Friends of the Library, asked why the Library Advisory Committee was disbanded and stated library issues need to be discussed as an agenda item. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford, to approve the Consent Calendar as follows: 18. Approval of Minutes - City Council May 21, 1996, Regular Meeting 2O Ratification of Warrant Register for period of May 27-May 31, 1996. (401-10) 21. Appropriation of $500 from the Unappropriated General Fund Balance (100- 8912) to purchase tax defaulted land parcel No. 317-361-3600, a one-foot strip at the east end of Slack Street adjoining the Community Park. (1002-03) 22. Approval of credit for a portion of traffic mitigation fees to Trident Homes of California Inc. (TTM 88-04) in return for construction of various improvements on Pomerado Road and Creek Road, Rolling Hills Estates. (203-01) 23. Adoption of Resolution No. 96-051 entitled "A Resolution of the City Council of the City of Poway, Regarding a negotiated property tax exchange with the County of San Diego for the dissolution of County Service Area No. 5 (High Valley)"; and approving the first implementation agreement to tax sharing agreement. (602-01 #01R) 24. Acceptance of the Americans with Disabilities Act (ADA) building alterations in the Community Services Building, Hamburger Factory restrooms and Lake Poway Restrooms, and release of securities from Davis & Adams Construction. (602-01 #1118) 5835 Page 3 - CITY OF POWAY - June 18, 1996 25. Acceptance of the Arbolitos Mini Park and release of securities from Court Concepts; located on Ted Williams Parkway between Pomerado Road and Twin Peaks Road. (602-01 #23ER) 26. Appropriation of $15,594 from the unappropriated fund balance (Fund 8912) to Program Fund 1245 for the implementaton of Used Oil Recycling Grant Program, Fourth Cycle, which shall be reimbursed by the California Integrated Waste Management Board (CIWMB) under the terms of the grant agreement. {401-30) 27. Approval of payment of $178,933 to Southern California Joint Powers Insurance Authority (SCJPIA) for Retrospective Deposit. (1503-21) 28. Award of contract for Investment Management Services to Metropolitan West Securities, Inc. (602-01 #1151) 28.1 Award of bid for the 1996-97 Slurry/Cape Seal Program to Asphalt Inc. in the amount of $723,562.67. {407-4320) (602-01 #1152} Motion carried 4-0 with Mayor Higginson absent. ITEM 5 (401-27) LANDSCAPE MAINTENANCE DISTRICT 83-1 Deputy Mayor Cafagna stated that this is the second public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for fiscal year 1996-97. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 96-052 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 83-1 to be Collected on the Property Tax Roll for Fiscal Year 1996/97." Motion carried 4-0 with Mayor Higginson absent. ITEM 6 (401-27) LANDSCAPE MAINTRENANCE DISTRICT 86-1 Deputy Mayor Cafagna stated that this is the second public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for fiscal year 1996-97. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 96-053 entitled, "A Resolution of the 5836 Page 4 - CITY OF POWAY - June 18, 1996 City Council of the City of Poway,, California, Establishing Assessments for Landscape Maintenance District 86-1 to be Collected on the Property Tax Roll for Fiscal year 1996/97." Motion carried 4-0 with Mayor Higginson absent. ITEM 7 (401-27) ~ANDSCAPE MAINTENANCE DISTRICT 86-2 Deputy Mayor Cafagna stated that this is the second public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for fiscal year 1996-97. There was no one present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 96-054 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 86-2 to be Collected on the Property Tax Roll for Fiscal Year 1996/97." Motion carried 4-0 with Mayor Higginson absent. ITEM 8 (401-27) LANDSCAPE MAINTENANCE DISTRICT 86-3 Deputy Mayor Cafagna stated this is the second public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for fiscal year 1996-97. There was no lone present wishing to speak. Motion by Councilmember Rexford, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 96-055 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for Landscape Maintenance District 86-3 to be Collected on the Property Tax Roll for FiscalYear 1996/97." Motion carried 4-0 with Mayor Higginson absent. ITEM 9 (401-27) LANDSCAPE MAINTENANCE DISTRICT 87-1 Deputy Mayor Cafagna stated this is the second public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for fiscal year 1996-97. He has received a request for a continuance to allow the property owners to meet with staff to discuss the inequity of assessing Pomerado Business Park at a different rate from Parkway Business Centre and Poway Tech Center and recommends the continuance. Neville Bothwell, 575 Kenyon Street, San Diego, representing Tech Business Center, requested the discussion include the information he submitted regarding the differences in the amount of property maintained which is included in the staff report. 5837 Page 5 - CITY OF POWAY - June ]8, ]996 Motion by Councilmember Emery, seconded by Councilmember Callery to continue the public hearing to July 2, 1996, and directed staff to meet with the property owners to explain the assessments. Motion carried 4-0 with Mayor Higginson absent. ITEM 10 (401-27) CITY LIGHTING DISTRICT Deputy Mayor Cafagna stated that this is the second public hearing to allow public input for assessments to be collected on the San Diego County Tax Roll for fiscal year lgg6-g7. Larry Cruse, 13734 Utopia Road, asked if Poway's traffic signals were synchronized, and, if they were, if it is possible to post signs indicating what the suggested speed limit is. Director of Engineering Services Weston stated that the lights are synchronized, however, they are set in a different timing for different times of the day with different traffic patterns. Motion by Councilmember Emery, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 96-056 entitled, "A Resolution of the City Council of the City of Poway, California, Establishing Assessments for the Poway Lighting District to be Collected on the Property Tax Roll for Fiscal Year 1996/97." Motion carried 4-0 with Mayor Higginson absent. ITEM l! (203-02) 1996-97 FINANCIAL PLAN Staff report by City Manager Bowersox. This is the second of three public hearings to present the 1996-97 annual Financial Plan. He gave a brief review of the plan and an overview of capital improvement projects. There was no one present wishing to speak. Council discussion included Library Funds, TDA funds and street repairs. Motion by Councilmember Emery, seconded by Councilmember Rexford to continue the public hearing to June 25, lgg6. Motion carried 4-0 with Mayor Higginson absent. ITEM ]2 (203-08) CONDITIONAL USE PERMIT 96-06 APPLICANT: PACIFIC BELL MOBILE SERVICES ITEM 13 CONDITIONAL USE PERMIT 96-07 APPLICANT: COX CALIFORNIA PCS (203-08) 5838 Page 6 - CITY OF POWAY - June 18, 1996 ITEM 14 CONDITIONAL USE PERMIT 96-09 APPLICANAT: AIRTOUCH CELLULAR (203-08) City Manager Bowersox stated there have been requests from surrounding property owners to have these three conditional use permits continued to July g, 1996. Staff recommends continuance. Motion by Councilmember Emery, seconded by Councilmember Rexford to continue the public hearing to July g, 1996. Motion carried 4-0 with Mayor Higginson absent. ITEM 15 (203-01) TENTATIVE TRACT MAP 89-05 TIME EXTENSION APPLICANT: FAMSTE INVESTMENT COMPANY INC. Deputy Mayor Cafagna opened the public hearing and presented the background on the project. This is a request for approval for a final two-year time extension of a previously approved tentative tract map for a subdivision of 75.4 gross acres into 13 single-family lots at the northwest corner of Poway Road and Espola Road. Staff recommends approval. Councilmember Emery asksed for a definition of "final" two-year time extension. City Attorney Eckis responded that state law sets up a time line of additional extensions that an applicant can request after initial approval of a project. Final here indicates that this is the last extension to be granted; however, a recent state law was passed that all tentative maps that were in effect as of May 15, 1996, shall have one year added to the final extension, so if granted, the extension will really be for three years. Speaking in favor of staff recommendation: Frank Fitzpatrick, 350 W. 9th Ave., Escondido, with Manitou Engineering. Motion by Councilmember Callery, seconded by Councilmember Rexford to adopt Planning Resolution No. P-g6-41 entitled, "A Resolution of the City Council of the City of Poway, California, Approving TTM 89-05TE(2), Assessor's Parcel Numbers 321-200-44 & 47." Motion carried 4-0 with Mayor Higginson absent. ITEM 16 (203-08) CONDITIONAL USE PERMIT gS-O4(M} DEVELOPMENT REVIEW 95-07 VARIANCE 95-04(M) APPLICANT: RICHARD DARR Deputy Mayor Cafagna opened the public hearing and presented the background on the project. This is a request to continue and expand a tire sales and service 5839 Page 7 - CITY OF POWAY - June ]8, ]996 business with the addition of brakes, automotive detail, and related services; recreational vehicle rental, sales, storage and minor repairs; caretaker facilities; a variance to fence height and type of fence on the property lines, paving the southerly 15 feet of the 25 feet rear yard setback, and allowing open (wrought iron or vinyl-clad chain link) fencing at the rear property line. This is a 1.25 acre site at 12957 Poway Road, just east of Winston Tire. Staff recommends approval of either the recreational vehicle or equipment rental use. Both uses will not fit on the site. Speaking in favor of staff recommendation: Richard Darr, 12957 Poway Road, applicant, stated his plan for the recreational vehicle use and the equipment rental would only be if the RV use failed. He requested permission to install a chain link fence around the entire site, not just the rear, for security purposes. Council discussion included the strip of "no man's land" behind the property, protection for oil spills from vehicles, prohibition on dumping RV holding tanks, the definition of minor repairs, and concurrence with vinyl-clad chain link fencing on the entire site. Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. P-96-42 entitled, "A Resolution of the City Council of the City of Poway, California, Rescinding Resolution No. P-95-58 and Approving Conditional Use Permit 95-04(M), Development Review 95-07 and Variance 95-04(M), Assessor's Parcel Number 317-490-57" with amendments to reflect the recreational vehicle use at this time; definition of minor repair; a contingency plan for oil spills; vinyl coated chain link fence; and no dumping of holding tanks. Motion carried 4-0 with Mayor Higginson absent. (Mayor Higginson arrived at this point of the meeting.) ITEM 17 (602-01 #1031) MASHBURN WASTE AND RECYCLING P~ATE SCHEDULE Staff report by City Manager Bowersox. According to the provisions of the franchise agreement between the City of Poway and Mashburn Waste and Recycling Services; changes to the tipping fee are considered to be "pass through" expenses; therefore, the Contractor's monthly rates may be adjusted upward or downward due to increased or decreased costs resulting from changes in the tipping fees and any duly authorized fees, assessments or taxes to be collected along with tipping fees. Tipping fees are fixed charges determined at each landfill by weighing the amount of refuse delivered for disposal and are collected to pay for the expense of operating the landfill system. On May 16, 1996, the County Solid Waste Authority approved a reduction in the tipping fee at local landfills from $47.50 to $40.00 effective July 1, 1996. 584O Page 8 - CITY OF POWAY - June 18, 1996 The Franchise Agreement also provides the formula for calculating rate adjustments due to an increase in the Consumer Price Index (CPI}. The Contractor is allowed to submit a rate adjustment request for CPI increases once a year commencing in May, 1966 for the period starting July 1, 1996. The Contractor has submitted a request for a rate adjustment which reflects a 1.7% change to the CPI and a decrease in the tipping fee on the monthly rate per class service which will be effective July 1, 1996. The net effect is a 3% reduction for single- family residential and 8.6% for multi-family and commercial. Rate adjustments are subject to approval by Council resolution and staff recommends approval of the rates proposed by Mashburn Waste & Recycling Service. Motion by Councilmember Emery, seconded by Councilmember Rexford to adopt Resolution No. 96-057 entitled, "A Resolution of the City Council of the City of Poway, California, Approving an Adjustment to Mashburn Waste and Recycling Services' Rate Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement, Rescinding Resolution No. 95-076." Motion carried unanimously. ITEM 17.1 (1170-04) UPDATE ON SOLID WASTE AUTHORITY Staff report by City Manager Bowersox. The Solid Waste Authority was formed for the purpose of providing regional participation in the management of the solid waste disposal system in San Diego County. The top priority of the authority has been competitive by reducing costs and therefore reducing the tipping fee. All actions have focused on providing a financially and environmentally sound solid waste disposal system that will ensure the lowest possible rates for the residents of the County. Mr. Bowersox gave a brief update on the status of the activities of the Solid Waste Authority. Council concurred to receive and file the report. CITY ATTORNEY ITEMS City AttoKney Eckis requested a closed session to discuss anticipated litigation and stated no additional findings are required and no report is expected following the closed session. City Attorney Eckis stated the City of Livermore's amendments to the Uniform Fire Code setting more stringent requirements have been upheld by the appellate court. The Building Industry Association challenged these amendments and the City of Poway joined in the amicus brief. City Attorney Eckis stated he will join the City of Poway to the amicus brief in Denny's vs Agoura Hills which is the restaurant chain suing regarding pole signs prohibitions. 5841 Page 9 - CITY OF POWAY - June 18, 1996 CLOSEDSESSION Mayor Higginson called for a closed session at 8:10 p.m. as requested by City Attorney Eckis. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 8:40 p.m., with all Councilmembers present. He stated the City Council had instructed the City Attorney and no report is required. Upon motion by Councilmember Emery, seconded by Councilmember Callery, Mayor Higginson adjourned the meeting in memory of Willis John Bowersox, father of City Manager Bowersox. Mr. Bowersox died on Sunday, June 16, 1996. He was 74 years old and had served as a Planning Commissioner and City Councilmember for the City of Lemon Grove. Marie Lofto , p y ' y Clerk City of Poway 5842