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.
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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)
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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
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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.
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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)
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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
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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.
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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.
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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
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