CC 1996 12-10 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 10, 1996
The December 10, 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, Jay Goldby, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery (Councilmember Emery arrived at 7:06 p.m.)
STAFF MEMBERS PRESENT
James Bowersox
Marjorie Wahlsten
Steve Eckis
John Fitch
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
John Falconer
Penny Riley
Patrick Foley
City Manager
City Clerk
City Attorney
Assistant City Manager-Economic Develop.
Director of Administrative Services
Director of Community Services
Director of Engineering Services
Director of Planning.Services
Director of Public Services
Director of Redevelopment Services
Director of Safety Services
Sheriff's Captain
Assistant to the City Manager
Senior Management Analyst
PLEDGE OF ALLEGIANCE
Pack 108, Den 1Webelos led the Pledge of Allegiance.
PRESENTATION
The following employees were present to receive service awards: Pamela Colby,
Redevelopment Project Administrator, 10 years; Garry MacPherson, Fire Battalion
Chief, 20 years.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. There
was no one present wishing to speak.
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CONSENT CALENDAR
Motion by Councilmember Goldby, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
o
Approval of Minutes - City Council
November 19, 1996 Regular Meeting
o
Ratification of Warrant Register for period of November 18-22, 1996.
(401-10)
e
Approval of refund of Traffic Mitigation Fee and Pomerado Road Bridge
Construction Fee totaling $10,649, to Oak Knoll Country Day School,
applicant, Gary Charlebois; Conditional Use Permit 86-09. (203-08)
o
Authorization for transfer of $25,132 to special studies for preparation
of Report of Waste Discharge to San Diego Regional Water Quality Control
Board in order to implement reclaimed water distribution system in South
Poway. (401-13)
10.
Adoption of Resolution No. 96-120, entitled, "A Resolution of the City
Council of the City of Poway, California Establishing a Bus Loading Zone
on the South Side of Cynthia Lane East of Midland Road," to accommodate a
bus loading area for PUSD Special Education Transition Program. (1163-01)
11.
Adoption of Resolution No. 96-121, entitled, "Resolution of the City
Council of the City of Poway, California, Establishing a Policy and
Guidelines for Advertising on the Trolley Bus and City Transit Buses,"
giving the Chamber of Commerce administration of the interior program and
staff administration of the exterior program. (1207-01)
12.
Approval of temporary water and sewer connections for APN 321-250-09 & 10,
located at 14689 and 14701 Twin Peaks Road, east of Range Park Road;
David Alstrand, applicant. (1170-13)
13. Denial of claims for damages: A) Raymond Mason; B) Patricia Pounds.
(704-13)
Motion carried unanimously.
ITEM I (203-02)
TENTATIVE PARCEL MAP 96-09
APPLICANT: RANDALL FARRAR
Staff report by Director of Planning Services Wright-Quastler. This is a request
to divide a 19.5 acre parcel into four building lots and a remainder parcel. The
property is located at the eastern terminus of Cinchring Drive. This item was
continued from November 12, 1996 at the request of the applicant. Staff
recommends approval.
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There was no one present wishing to speak.
(Councilmember Emery entered the meeting.)
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Planning Resolution No. P-96-84 entitled, "A Resolution
of the City Council of the City of Poway, California Approving Tentative Parcel
Map 96-09, Assessor's Parcel Number 32-071-15." Motion carried 4-0 with
Councilmember Emery abstaining.
ITEM 2 (401-22)
PARKLAND DEDICATION IN-LIEU FEES
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The City Council annually determines fees collected for the
development of park and recreation facilities in-lieu of dedication of parkland
based on the total estimated cost of parkland improvements, current estimated
population, and the average population per dwelling unit. This year staff
recommends a decrease from $2,680 to $2,650 for single family detached; from
$2,110 to $2,1090 for multiple family; and no change for mobile homes. The
decrease is based on a decrease in population and a reduction in the average
population per dwelling unit.
Speaking in opposition to staff recommendation:
Jerry Livingston, 6336 Greenwich Drive, San Diego, representing the
Building Industry Association, requested a continuance citing concerns regarding
the formula used.
City Manager Bowersox stated that staff will continue to meet with the BIA.
Motion by Councilmember Emery, seconded by Councilmember Cafagna, to close the
public hearing and adopt Resolution No. 96-122, entitled, "A Resolution of the
City Council of the City of Poway, California, Establishing in-lieu Fees for
Parkland Dedication Calendar Year 1997." Motion carried 4-1 with Councilmember
Goldby voting "no." Councilmember Goldby stated he was in favor of granting a
continuance.
ITEM 3 (1504-04)
INTEGRATED WASTE MANAGEMENT SUMMARY PLAN
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. The Countywide Integrated Waste Management Summary Plan and Countywide
Siting element has been prepared by the County of San Diego. The majority of
cities with the majority of the population within the County must approve the
Plan within 90 days. Staff recommends approval.
There was no one present wishing to speak.
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Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 96-123, entitled, "A Resolution of the
City of Poway, California, Approving and Adopting the Countywide Integrated Waste
Management Summary Plan and Countywide Siting Element." Motion carried
unanimously.
ITEM 4 (602-01 #1180 AND 405-01)
LEASE AGREEMENT FOR SHERIFF'S STATION
ISSUANCE OF CERTIFICATES OF PARTICIPATION
Staff report by City Manager Bowersox. The County Board of Supervisors today
approved the lease with the City which provides that in the event the
construction budget is mutually agreed to be increased above $3,552,388 or the
financing costs exceed the level of the lease payment, the lease payment can be
increased up to $166,500 semi-annually. Funds to cover increased construction
costs will be loaned from the Agency and repaid from the increased lease
payments.
The financing team has completed its analysis and preparation of the bond
documents. In order to proceed with the preparation and sale of the Certificates
of Participation, it is necessary for the City Council and Redevelopment Agency
to take certain actions.
Motion by Councilmember Emery, seconded by Councilmember Rexford, to adopt
Resolution No. 96-124, entitled, "A Resolution of the City Council of the City
of Poway Authorizing the Preparation, Sale and Delivery of not to exceed
$5,000,000 Principal Amount of 1996 Certificates of Participation (Sheriff
Substation Project) and approving Certain Documents and Authorizing Certain
Actions in Connection Therewith," including the Lease Agreement, the Trust
Agreement, the sublease, the Assignment Agreement, and the Purchase Agreement."
Motion carried unanimously.
ITEM 4.1 (1501-00)
MOVE AGAINST RELOCATING CHOPPERS HERE
Staff report by City Manager Bowersox. On May 21, 1996, the City Council
committed $20,000 in financial support for MARCH to use in their challenge to the
adequacy of the Environmental Impact Statement prepared for the base realignment
process from Naval Air Station Miramar to Marine Corps Air Station Miramar. The
MARCH Coalition has worked extensively with state and federal representatives to
explore alternatives to locating helicopters at Miramar. On December 2, 1996,
the Deputy Assistant Secretary of the Navy for Installations and Facilities
signed the Record of Decision for the realignment from the Navy to the Marines.
MARCH has retained the firm of Chevalier, Allen & Lichman and has requested the
appropriation of funds committed. Staff recommends approval.
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Speaking in opposition to staff recommendation:
Bud Wiederrich, 13440 St. Andrews, representing the Chamber of Commerce,
stated that spending funds will not affect the decision and suggested
cooperation.
Peggy Collette, 13969 Bernadotte Lane
Speaking in favor of staff recommendation:
Larry Leyking, 14150 Arbolitos
Susan Lange, 15373 Skyridge
Gregg Brandalise, 13956 Poway Road
Philip Gagnon, 13544 Comuna Drive
Judy Cooke, 14566 Garden Road
Councilmember Emery stated the City Council had a unanimous vote to pledge
$15,000 to $20,000 to support MARCH and he will not go back on that pledge.
Motion by Councilmember Emery, seconded by Councilmember Rexford to appropriate
$20,000 for the MARCH Coalition to assure that helicopters are not relocated to
Miramar without adequate environmental review. Motion carried unanimously.
ITEM 8 (203-08)
CONDITIONAL USE PERMIT 86-09
APPLICANT: GARY CHARLEBOIS
Gary Charlebois, applicant, turned in a speaker's slip on this item which was
approved on the Consent Calendar.
Motion by Mayor Higginson, seconded by Councilmember Goldby to reconsider this
item. Motion carried unanimously.
Staff report by City Manager Bowersox. Staff has determined that the applicant
overpaid traffic mitigation fees in 1986 and recommends refund of fees totaling
$10,649. This includes a bridge construction fee which is not required since the
bridge was built by others. Mr. Charlebois wants interest to be paid on the
$10,649.
Gary Charlebois, ]2271 Oak Knoll Road, requested 10 years of interest based on
rates for a Certificate of Deposit or something similar.
Director of Engineering Services Weston stated that the original conditions of
approval for this CUP included street improvements which were not installed and
staff is unable to determine why they were not completed. There is no waiver in
the file. They will now have to be completed, but Mr. Charlebois did not have
to expend the funds for ten years.
Motion by Mayor Higginson, seconded by Councilmember Emery to refund overpayment
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of the traffic mitigation fee and Pomerado Road bridge construction fee totaling
$10,649 and authorize the City Manager to work with Mr. Charlebois to determine
what interest would be appropriate versus what Mr. Charlebois has saved by not
doing the other improvements for ten years. Motion carried unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis requested a closed session to discuss two cases of existing
litigation pursuant to Government Code Section 54956.9{a}: Poway Property Owners
v. City of Poway and Poway Royal Mobile Home Owners Association v. City of
Poway.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
17A.
Councilmember Emery suggested a City policy should be formulated regarding
1-15 mass transit. SANDAG has decided to not use the corridor for light
rail and the state is adopting the corridor for a bullet train to
Sacramento. These decisions are made with little coordination. He
suggested a subcommittee of two Councilmembers to work with counterparts
from the Cities of San Diego and Escondido. Council concurred to appoint
Councilmembers Emery and Cafagna. (1503-26)
17B.
Councilmember Emery stated he had thought the empty house on the County
property at the southwest corner of Pomerado and Oak Knoll could be used
by For Parents' and Kids' Sake, however the report prepared by the City
Manager's Office showing the structural problems will cause him to
withdraw this item from the agenda.
18A.
Councilmember Goldby requested the City Council review the Redevelopment
and Housing Advisory Committee charter. Council directed staff to place
this on the December 17, 1996 agenda.
18B.
Councilmember Goldby asked if there are written goals for the Economic
Development sub-committee and the Economic Development department. Staff
will place this item on a future agenda.
18D. Councilmember Goldby commended staff for the excellent information in
Powav Today.
20A.
Mayor Higginson announced that the City Council would hold a special
meeting on Thursday, December 12, immediately following the adjourned
regular meeting and distributed a special meeting notice to the Council
and press.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 8:25 p.m. as
requested by City Attorney Eckis and announced that the meeting would be
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Page 7 - CITY OF POWAY - December ]0, ]996
adjourned in memory of Bob St. John, Councilmember Rexford's father, who died
recently after a long illness.
CALL TO ORDER AND ADJOURNHENT
Mayor Higginson called the meeting back to order at 8:40 p.m. and adjourned the
meeting in memory of Bob St. John on motion by Councilmember Cafagna and seconded
by Councilmember Emery.
Marj~ri~ K. Wahlsten, City Clerk
City~xof Poway
5967
NO TICE
NOTICE IS HEREBY GIVEN THAT THE DECEMBER 10, 1996, REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF POWAY, CALIFORNIA, WAS ADJOURNED PURSUANT TO THE
FOLLOWING ORDER:
Dated:
ORDER OF ADJOURNHENT
Upon motion by Councilmember Cafagna,
seconded by Councilmember Emery, Mayor
Higginson ordered the meeting adjourned to
5:00 p.m., December 12, 1996
in the City Council Chambers, 13325 Civic
Center Drive, Poway, California. The time
of adjournment was 8:40 p.m.
Marjor/ie ~<. Wahl sten, City C1 erk
City o~way, California
December 11, 1996
CERTIFICATION
The undersigned does hereby certify under penalty of perjury, that a copy of
the above notice was posted on or near the door of the City Council Chambers,
the place designated for regular meetings of the City Council at approximately
10:00 a.m.
Dated at Poway, California, on December 11, 1996
~ Wahlsten, City Clerk
City ~oway, California
·: \\agenda\not i ce1. pf