CC 1996 12-17 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
DECEMBER 17, 1996
The December 17, 1996, regular meeting of the City Council of the City of
Poway, was called to order at 7:05 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Don Higginson
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
Scott Nespor
PLEDGE OF ALLEGIANCE
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
Management Assistant
Deputy Mayor Rexford led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Howard Stacklin, 13149 Tobiasson Road, spoke about government finances.
CONSENT CALENDAR
Motion by Councilmember Rexford, seconded by Councilmember Emery to approve the
Consent Calendar as follows:
o
10.
Approval of Minutes - City Council
November 26, 1996 Adjourned Regular Meeting
Ratification of Warrant Register for period of November 25-29, 1996
(401-09)
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11.
Receive and file status report re staff approval of Development Reviews in
South Poway Business Park. (Referred from September 24, 1996, Item 20A.)
(203-14)
12. Authorization to post the Local Appointments List for 1997. (701-09)
13. Find that
Agreement
CF Poway, Ltd. is in compliance with their Development
and extend the term of the Agreement until December 30, 2000.
(602-01 #400)
14. Find that Environmental Development is in compliance with their
Development Agreement for Old Coach Golf Estates. (602-01 #830)
15. Find that Tech Business Center is in compliance with their Development
Agreement. (602-01 #835)
16. Find that Poway Corporate Center is in compliance with their Development
Agreement. (602-01 #836)
17.
Find that Trident Homes of California Inc./Shea Homes (successor to
McMillin Equity Partners II) are in compliance with their Development
Agreement. (602-01 #874)
18.
Adoption of 1997 Calendar for Canceled
cancellation of April 8, May 27, July 22,
December 23 and 30, 1997 regular meetings.
Meetings, authorizing the
October 14, November 25,
(701-01)
19. Acceptance of fishing dock at Lake Poway from Hallsten Corporation.
(5635). (602-01 #257R)
20.
Approval of final map for Tentative Parcel Map 93-02; located west of
Espola Road and north of Evergreen Lane; acceptance of public improvements
and release of securities. (203-02)
21. Acceptance of report of Administrative Action taken on City Council-
Initiated and Public Inquiry Items through December 2, 1996. (701-10)
Motion carried unanimously.
ITEM 1 (203-08)
CONDITIONAL USE PERMIT 96-17
MINOR DEVELOPMENT REVIEW 96-67
APPLICANT: MIDAS MUFFLER
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to convert a former bank building to an auto repair
facility at 12672 Poway Road at the northwest corner of Poway Road and Silver
Lake Drive. This is in the Community Business District zone and requires a
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conditional use permit. Staff recommends approval.
Councilmember Rexford asked why this business is not going into the automotive
area farther east on Poway Road.
Speaking in favor of staff recommendation:
Bob Politte, 3136 Kurtz St., San Diego, MIDAS Muffler
Victor Anderson, 9824 Saskatchewan, San Diego, MIDAS Muffler
Speakers cited the work they had done over the past few years in attempting to
locate property in Poway for this business and concluded this is the best site.
Speaking in opposition to staff recommendation:
Richard Ludwig, 12720 Metate Lane
Bud Wiederrich, 13440 St. Andrews Drive
Speakers expressed opposition to this use in this area and stated it does not
meet the guidelines for the Poway Road Specific Plan.
Mayor Higginson stated that the City spent over five years doing the Poway Road
Specific Plan and if you keep deviating from the Plan, soon you don't have a
Plan. Councilmember Goldby stated that if this application is approved, any
subsequent ones will have to be and suggested that the applicant work with staff
to find another location.
City Manager Bowersox noted that this is an allowable use in this area with a
conditional use permit.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing and approve staff recommendation. Motion failed 2-3 with Mayor
Higginson and Councilmembers Goldby and Rexford voting 'no.'
Motion by Councilmember Goldby, seconded by Councilmember Rexford to continue
this item to January 14, 1997 to allow the applicant time to work with staff.
Mr. Politte agreed to sign a waiver of time. Motion failed 2-3 with Mayor
Higginson and Councilmembers Cafagna and Emery voting 'no.'
Motion by Mayor Higginson, seconded by Councilmember Cafagna to close the public
hearing, issue a Negative Declaration with mitigation measures, and approve staff
recommendation by adopting Planning Resolution No. P-96-85, entitled, "A
Resolution of the City Council of the City of Poway, California Approving
Conditional Use Permit 96-17 and Minor Development Review 96-67, Assessor's
Parcel Number 317-490-74." Motion carried 3-2 with Councilmembers Goldby and
Rexford voting 'no.'
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ITEM 2 (602-01 #260R)
OWNER PARTICIPATION AGREEMENT
MCMILLIN-POWAY BUSINESS CENTRE
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This item was set for public hearing at this meeting in anticipation
that staff would have completed negotiations and have a final OPA for
consideration. Staff is requesting a continuance to January 7, 1997.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue
consideration of this item to January 7, 1997. Motion carried unanimously.
ITEM 3 (203-02)
TENTATIVE PARCEL MAP 96-11
APPLICANT: NATURE CONSERVANCY
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to divide a 50.4 acre parcel into two parcels, one
buildable lot and one open space lot, at the southeast corner of Metate Lane and
Montauk Street. This was originally subdivided as Tract Map 4019 by Sunwood
Development. The property was subsequently deeded to the Nature Conservancy and
zoning amended to Rural Residential A for the developable portion and Open Space
Resource Management for the area with the landslide. Staff recommends approval.
Speaking in opposition to staff recommendation:
William Parmley, 1546 Metate Lane, stated the property is not buildable.
Richard Ludwig, 12720 Metate Lane, stated the property is not buildable.
Motion by Councilmember Emery, seconded by Councilmember Cafagna, to close the
public hearing; issue a Negative Declaration with mitigation measures; and adopt
Planning Resolution P-96-86, entitled, "A Resolution of the City Council of the
City of Poway, California Approving Tentative Parcel Map 96-11, Assessor's Parcel
Number 317-222-10 and 317-800-1 through 26." Motion carried unanimously.
ITEM 4 (203-06)
CONDITIONAL USE PERMIT 96-19
APPLICANT: NEXTEL COMMUNICATIONS
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. This is a request to install telecommunication equipment on
residential property owner by Thomas Farley at 12601 Cobblestone Creek Road.
Staff recommends approval.
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There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the
public hearing; issue a Negative Declaration with mitigation measures; and adopt
Planning Resolution No. P-96-87, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Conditional Use Permit 96-19, Assessor's
Parcel Number 316-063-02." Motion carried unanimously.
ITEM 5 (405-01)
CONSTRUCTION OF THE SHERIFF'S STATION
Mayor Higginson opened the public hearing. Staff report by City Manager
Bowersox. On December 10, the City Council and the Redevelopment Agency approved
the financing documents for the issuance of Certificates of Participation not to
exceed $5 million for construction of the Sheriff's Station. Staff is
recommending approval of the Agency Contribution Agreement which is part of the
financing documents.
The sublease with the County provides that the City will acquire the County-owned
property in front of City Hall for $1 million; and 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.
The Agency Contribution Agreement covers the Agency's payment for the purchase
of the land in front of City Hall and agrees to pay total construction costs
which exceed $3,552.388. Staff recommends approval.
Speaking in opposition to staff recommendation:
Howard Stacklin, 13149 Tobiasson
Motion by Councilmember Emery, seconded by Councilmember Rexford to close the
public hearing and adopt Resolution No. 96-125, entitled, "A Resolution of the
City Council of the City of Poway Consenting to Agency Contribution Agreement and
Sublease and Making Certain Findings Therewith." Motion carried unanimously.
ITEM 6 (602-01 #1179)
IRRIGATION WATER FOR OLD COACH GOLF CLUB
Staff report by City Manager Bowersox. The agreement with Environmental
Development, Ltd. to provide raw water for irrigation of the proposed Old Coach
Golf Course expired on April 30, 1996. The agreement has been rewritten to
address current issues pertaining to reclaimed, untreated and potable water uses.
Staff recommends approval of the agreement.
Speaking in opposition to staff recommendation:
Howard Stacklin, 13149 Tobiasson
Motion by Councilmember Emery, seconded by Councilmember Rexford to approve an
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Agreement Respecting Irrigation Water with Environmental Development, Ltd. for
Old Coach Golf Club. Motion carried unanimously.
ITEM 7 (602-01 #1023)
SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY
Staff report by City Manager Bowersox. On November 6, 1996, the San Diego County
Board of Supervisors announced that they had decided not to transfer the County
solid waste system to the San Diego Solid Waste Management Authority. Although
this action terminated the efforts of the Authority, it is necessary to take
certain procedural actions to formally dissolve the Authority.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to adopt
Resolution No. 96-126, entitled, "A Resolution of the City Council of the City
of Poway, California Approving an Agreement Providing for the Dissolution of the
San Diego Solid Waste Management Authority and the Termination of the San Diego
Solid Waste Management Authority Joint Powers Agreement." Motion carried
unanimously.
CITY ATTORNEY ITEHS
City Attorney Eckis requested a closed session for conference with real property
negotiator, pursuant to Government Code Section 54956.8, for Assessor's Parcel
Number 317-472-23 owned by the Robinson Trust. He requested the other closed
session shown on the agenda, Poway Property Owners v. City of Poway, San Diego
Superior Court Case No. 698367 be put on the agenda for January 7, 1997. The
judge's ruling is expected on January 3, 1997.
MAYOR AND CITY COUNCILMEMBER'S ITEMS
26A.
Councilmember Goldby stated he is taking a class regarding community
economic development at San Diego State University and has outlined a
project for the revitalization of Poway Road. Motion by Councilmember
Goldby, seconded by Mayor Higginson to authorize Councilmembers Goldby and
Cafagna to meet with staff to work out a process for City Council approval
that would create and implement a vision statement.
Councilmember Rexford read the Vision Statement from The Poway Road
Specific Plan and stated she and Councilmember Cafagna are already a
subcommittee on economic development and questioned the need for another
committee. Councilmember Goldby replied that the existing vision
statement is very general and their subcommittee has no goals and
objectives. His project proposes to ask "In an ideal world, what would
Poway Road look like?"
Council discussed Councilmember Goldby's proposal and concurred that the
existing Economic Development Subcommittee can work on it and report back
to the Council. (209-00)
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26B.
Councilmember Goldby requested and received concurrence for staff to
review the City Council salary permitted by the Government Code and report
back. Mayor Higginson noted that this had been a recommendation of the
Budget Review Committee and asked that the Mayor's salary be reviewed also.
28A.
Mayor Higginson asked for another Councilmember to serve on an interview
panel with him, the City Manager and the City Clerk to select an Assistant
City Clerk. Councilmember Goldby volunteered.
28B.
Mayor Hi§ginson announced the following appointments or confirmations to
advisory committees:
Housinq Commission: Tom Tremble (Higginson) - reconfirmation; Linda
Oravec (Higginson) - reconfirmation; Howard Maher (Higginson)
-reconfirmation; Bill Cross (Emery) - continuation; Larry
Quate (Cafagna) - reconfirmation; Juanita Kinyon (Rexford) -
reconfirmation; Victoria Hahn (Goldby) - continuation.
Parks & Recreation: Deanne Erickson (Emery) - continuation; Chuck
Cross (Goldby) - new;
Performinq Arts Advisory: Frank Goldsmith (Higginson) -
reconfirmation; Trudy Karalekas (Higginson) - reconfirmation;
Lynette Perkes (Emery) continuation; Barbara Lerma (Cafagna) -
reconfirmation; Ray Eaton (Rexford) - reconfirmation.
Redevelopment & Housinq: Evelyn Frazier (Higginson) -recon-
firmation; Gordon Meyer (Higginson) - reconfirmation; Mary Mitchell
(Emery) - continuation; David Churchill (Emery) - continuation; Bob
Wolinski (Emery) continuation; Alan Dusi (Cafagna) -
reconfirmation; Jeff Schipper (Rexford) - reconfirmation; Roger
Willoughby (Rexford) reconfirmation; Kennon Dial (Rexford) -
reconfirmation; Peggy Lester (Goldby) - reconfirmation; Tom Tremble
(Goldby) - reconfirmation.
Senior Issues: Councilmember Goldby; Mayor Higginson.
28C.
At the last meeting, Councilmember Goldby requested a review of the
Redevelopment & Housing Committee charter and it was placed on this
agenda. Mayor Higginson noted that two years ago the Council discussed
reducing the number of members from 15 to 11 to make it easier to get a
quorum at a meeting. There are currently 11 members on the committee due
to vacancies not being filled. Motion by Councilmember Emery, seconded by
Mayor Higginson to reduce the number of members to 11 and discuss other
issues regarding the committee's duties at later date. Motion carried
unanimously.
CLOSED SESSION
Mayor Higginson called for a closed session as requested by the City Attorney at
9:05 p.m.
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CALL TO ORDER AND ADJOURNHENT
Mayor Higginson called the meeting back to order at 9:13 p.m. with all
Councilmembers present.
City Attorney Eckis announced that in closed session the City Council unanimously
approved acquisition of APN 317-472-23 from the Robinson Trust in the amount of
$315,000. Escrow is expected to close on January 30, 1997.
Mayor Higginson adjourned the meeting at 9:15 p.m. on motion by Councilmember
Emery, seconded by Councilmember Goldby. He wished everyone "Happy Holidays"
and stated the next regular meeting would be on January 7, 1997.
Marjorie K. Wahlsten, City Clerk
City of Poway
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