CC 1998 03-31 CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MARCH 31, 1998
The March 31, 1998, regular meeting of the City Council of the City of Poway, was
called to order at 7:00 p.m., by Deputy Mayor Goldby at the City Council Chambers, 13325
Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Bob Emery, Jay Goldby, Betty Rexford, Honorary Mayor Barbee
COUNClLMEMBERS ABSENT AT ROLL CALL
Don Higginson
STAFF MEMBERS PRESENT
James Bowersox
Lori Peoples
Tamara Smith
Peggy Stewart
Bob Thomas
Mark Weston
Reba Wright-Quastler
Randy Williams
Warren Shafer
Mark Sanchez
John Falconer
Penny Riley
Scott Nespor
City Manager
Assistant City Clerk
Assistant City Attorney
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
Management Assistant
PLEDGE OF ALLEGIANCE
Honorary Mayor Barbee led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Deputy Mayor Goldby explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Louis Tooch, 14105 Powers Road, inquired as to the status of the proposed 3 tier
cable rate and street flooding on Pomerado Road at Robinson.
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Chris Cruse, 13734 Utopia, inquired as to Council policy on quantity of staff reports
available on the Internet.
PRESENTATIONS
A) Deputy Mayor Goldby presented Honorary Mayor for the Day Cindy Barbee with a
plaque. Cindy is a student at Twin Peaks Middle School and is serving in this capacity of
Mayor for the Day through a fundraising auction for the Twin Peaks Foundation.
B) Honorary Mayor Barbee presented a check to the Poway High School Grad-Nite
Committee.
PROCLAMATION
Honorary Mayor Barbee read a proclamation for Earthquake Preparedness Month - April
1998 and presented it Safety Services Director Mark Sanchez.
CONSENT CALENDAR
Deputy Mayor Goldby stated that he had received requests from the public to pull Item
Nos. 10 and 12 from the Consent Calendar. Motion by Councilmember Rexford, seconded
by Councilmember Cafagna, to approve the Consent Calendar (except Item Nos. 10 and
12) as follows:
Approval of Minutes - City Council
March 10, 1998 - Regular Meeting
March 12, 1998- Adjourned Regular Meeting
8. Ratification of Warrant Register for period of March 9-13, 1998.
(401-10)
9. Approval of Investment Report for period ending February 28, 1998. (408-01)
11.
Approval of Contract with Boyle Engineering Corporation for Engineering Services.
(602-01 #8)
13.
Award of Bid for Full Size Pick-Up Truck to Jerry Richardson's Poway Pontiac-
Buick-GMC in the amount of $23,543.38. (601-03)
14.
Adoption of Resolution No. 98-022 Rejecting Nonresponsive Bid No. 014-97/98 -
Surface Patch Program. (601-03)
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15. Acceptance of the Water Treatment Plant & Distribution/Collection SCADA System
Improvement Project from Pacific Envirosystems, Inc. (602-01 #1063)
15.1 Approval of positions on pending legislation: support ACA 30; support AB 2656;
oppose AB 2603; oppose AB 2065 and support AB 2586. (701-11 )
Motion carried 4-0. Higginson absent.
ITEM 1 (701-04)
ORDINANCE NO. 496/SECOND READING
SOLID WASTE PROGRAM COSTS
Honorary Mayor Barbee opened the public hearing and read the title of Ordinance No. 496,
"An Ordinance of the City of Poway, California Amending Certain Sections of Chapter 8.68
of the Poway Municipal Code Regulating Solid Waste, Recyclables, Yard Waste and Other
Compostable Materials Handling Services."
Speaking in opposition to staff recommendation:
Chris Cruse, 13734 Utopia
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, waive further reading and adopt Ordinance No. 496. Motion carried 4-0
with Mayor Higginson absent.
ITEM 2 (203-08)
CONDITIONAL USE PERMIT 98-01~VARIANCE 98-03
DEVELOPMENT REVIEW 98-03
APPLICANT: MANORCARE HEALTH SERVICES
Honorary Mayor Barbee opened the public hearing. Introduction by City Manager
Bowersox. This is a request to construct and operate a 60-bed ^lzheimer residential
facility on a vacant 2.05 acre property at 12674 Monte Vista Road adjacent to Pomerado
Hospital which requires a couple of variances due to the unusual shape of the site. He
noted that the loss of this site as an affordable housing site was mitigated in 1994,
specifically by the pumhase of additional land adjacent to the Brookview site. In the
considerations of the elimination of this site as an affordable housing site, it was
determined to be both marginal in size at 6/100ths of an acre larger than the absolute
minimum found to be feasible and also, because of it's irregular shape and rock
outcroppings which are the subject of the variances requested. It was found not to be an
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acceptable site in 1993 when a surgical center was destined to be placed on the site.
Director of Planning Services Wright-Quastler provided an overview of the building,
architecture and the requested variances.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to close the
public hearing and adopt Planning Resolution No. P-98-19, entitled "A Resolution of the
City Council of the City of Poway, California Appreving Conditional Use Permit 98-01,
Variance 98-03 and Development Review 98-03, Assessor's Parcel Number 275-460-61 ."
Motion carried 4-0 with Mayor Higginson absent.
ITEM 3 (701-04)
ORDINANCE NO. 497/FIRST READING
PARKING LOT CONSTRUCTION INSPECTION STANDARDS
Honorary Mayor Barbee opened the public hearing and read the title of Ordinance No. 497,
"An Ordinance of the City of Poway, California Adding Section 16.52.65 to the Poway
Municipal Code, Establishing Standards for Parking Lot Construction Inspection." Staff
report by Director of Engineering Services Weston. The existing grading Ordinance does
not distinguish between paving private parking lots and public read improvements. The
proposed addition to the ordinance provides guidelines for the construction of private
parking lots. These standards are less critical and less restrictive than standards for public
streets and will allow more flexibility in construction without reducing the quality of the final
preduct.
There was no one present wishing to speak.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to waive further
reading and continue the public hearing to Apd114, 1998 for second reading and adoption.
Motion carried 4-0 with Mayor Higginson absent.
ITEM 4 (205-02)
COMPREHENSIVE FINANCIAL PLAN
CAPITAL IMPROVEMENT PROGRAM FY1997/98 - FY 2000/01
Staff report by City Manager Bowersox. The City has had limited ability to fund new capital
improvement projects over the past five years and due to reprogramming and expending
funding on immediate projects, a large number of previously identified capital projects have
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been left unfunded or on hold. Staff has evaluated all available funding sources and
potential revenues for the next three years. They have determined that with the
improvement in the economy, the potential for sale of Agency property and savings or
reimbursements from prior capital projects, funding for approximately $10.9 million in
capital improvement projects has been identified.
Councilmember Emery inquired as to what projects would be done under the Poway Road
Specific Plan project. City Manager Bowersox stated that an account would be created
and then Council would be in the position to designate and/or select specific projects.
General discussion ensued. Consensus of the Council was to include further study of
moving the priority of the sound wall on the west side of Pomerado Road up.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to adopt
Resolution No. 98-023, entitled "A Resolution of the City Council of the City of Poway,
California, Approving Capital Improvement Budget Amendments for Fiscal Year 1997-
1998, 1998-1999 and 1999-2000"; Resolution No. R-98-03, entitled "A Resolution of the
Redevelopment Agency of the City of Poway, California, Approving Capital Improvement
Budget Amendments for Fiscal Years 1997-1998, 1998-1999 and 1999-2000"; Resolution
No. 98-024, entitled, "A Resolution of the City Council of the City of Poway Determining
that the Pomerado Road South of Vaughan Improvement Project (#5287) is of Benefit to
the Paguay Redevelopment Project"; Resolution No. R-98-04, entitled, "A Resolution of the
Poway Redevelopment Agency Determining the Pomerado Road South of Vaughan
Improvement Project (#5287) is of Benefit to the Paguay Redevelopment Project";
Resolution No. 98-025, entitled, "A Resolution of the City Council of the City of Poway
Determining that the Poway Royal Improvement Project (#5955) is of Benefit to the Paguay
Redevelopment Project"; Resolution No. R-98-05, entitled, "A Resolution of the
Redevelopment Agency of the City of Poway Determining that the Poway Royal
Improvement Project (#5955) is of Benefit to the Paguay Redevelopment Project";
Resolution No. 98-026, entitled, "A Resolution of the City Council of the City of Poway
Determining that the Pomerado Road South of Leona Lane Improvement Project (#5285
& #5966) is of Benefit to the Paguay Redevelopment Project"; Resolution No. R-98-06,
entitled, "A Resolution of the Poway Redevelopment Agency Determining that the
Pomerado Road South of Leona Lane Improvement Project (#5285 & #5966) is of Benefit
to the Paguay Redevelopment Project"; Resolution No. 98-027, entitled, "A Resolution of
the City Council of the City of Poway Determining that the Poway Creek Detention Basin
Design Project (#5423) is of Benefit tot he Paguay Redevelopment Project"; Resolution No.
R-98-07, entitled, "A Resolution of the Poway Redevelopment Agency Determining that the
Poway Creek Detention Basin Design Project (#5423) is of Benefit to the Paguay
Redevelopment Project"; Resolution No. 98-028, entitled, "A Resolution of the City Council
of the City of Poway Determining that the Poway Road Specific Plan Implementation
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Project (#5908) is of Benefit to the Paguay Redevelopment Project"; Resolution No. R-98-
08, entitled, "A Resolution of the Poway Redevelopment Agency Determining that the
Poway Road Specific Plan Implementation Project (#5908) is of Benefit to the Paguay
Redevelopment Project"; Resolution No. 98-029, entitled, "A Resolution of the City Council
of the City of Poway Determining that the Community Road Improvement Project (#5286)
is of Benefit to the Paguay Redevelopment Project"; Resolution No. R-98-09, entitled, "A
Resolution of the Poway Redevelopment Agency Determining that the Community Road
Improvement Project (#5286) is of Benefit to the Paguay Redevelopment Project";
Resolution No. 98-030, entitled, "A Resolution of the City Council of the City of Poway
Determining that the Pomerado Road North of Glen Oak Improvement Project (#1265)is
of Benefit to the Paguay Redevelopment Project"; Resolution No. R-98-10, entitled, "A
Resolution of the Poway Redevelopment Agency Determining that the Pomerado Road
North of Glen Oak Improvement Project (#1265) is of Benefit to the Paguay
Redevelopment Project." Motion carried 4-0 with Mayor Higginson absent.
ITEM 5 (602-01 #1031)
ADJUSTMENT TO TRASH RATES
Introduction by City Manager Bowersox. Director of Public Services Williams stated that
in accordance with Article 8 of the revised solid waste franchise agreement, rate
adjustments are proposed because of the new AB939 fee and the 1997 San Diego Region
Consumer Price Index (CPI). The AB939 fee is required to support Poway's household
hazardous waste disposal program which was a state-mandated activity.
Richard Ludwig, 12720 Metate Lane spoke regarding the use of City property for
the storage of auto dealership cars.
Motion by Emery, seconded by Cafagna, to adopt Resolution No. 98-031, entitled, "A
Resolution of the City Council of the City of Poway, Califomia Approving an Adjustment to
Mashbum Waste and Recycling Services' Rate Schedule Pursuant to the Provisions of the
Solid Waste Franchise Agreement and Rescinding Resolution No. 97-029." Motion carried
4-0 with Mayor Higginson absent.
ITEM 5.1 (1160-01)
TRAFFIC REVIEW- POWAY/BOWRON RD
City Manager Bowersox stated that Councilmembers Goldby and Emery had inquired at
the March 11, 1998 meeting as to the combined effects of recent development and
associated traffic on Bowron Road. Principally, on the intersection of Poway and Bowron
with the additional traffic impacts generated by the Sheriff's Station, Poway Library and the
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Park View Terrace homes. Director of Engineering Services Weston advised that the
review provided considers three alternatives to address increased traffic at the
Bowron/Poway intersection, a signal, allowing left turns and no change. Further, a future
extension of Tarascan Road will provide additional signalized access to Poway Road from
the Library, Sheriffs Station and housing. Staff is recommending the Council maintain the
existing configuration at Bowron Road and will provide a follow-up report six months after
the Park View Terrace homes are occupied.
Councilmember Cafagna suggested the Redevelopment Agency work with the commercial
property owner on Bowron Road to relocate, close Bowron Road to through traffic and
expedite the opening of Tarascan.
General discussion ensued.
Motion by Cafagna, seconded by Rex'ford, to maintain the existing configuration on Bowron
Road and receive a follow-up report six months after the Park View Terrace homes are
occupied. Staff to pursue expediting putting Tarascan through. Motion carried 4-0 with
Mayor Higginson absent.
ITEM 10 (602-01 #1031)
SOLID WASTE FRANCHISE AGREEMENT
City Manager Bowersox provided an overview of the staff report. Action on this item is
necessary to be consistent with the changes to the solid waste ordinance, adopted at this
meeting. Also included are minor procedural modifications to maintain the level of service
currently provided to Poway customers.
Chris Cruse, 13734 Utopia, stated she had expressed her position to this item
through Item No. 1.
Motion by Councilmember Emery, seconded by Councilmember Cafagna, to approve the
proposed amendments to the Franchise Agreement and authorize the Deputy Mayor to
execute the revised agreement. Motion carried 4-0 with Mayor Higginson absent.
ITEM 12 (1110-07)
STREET NAME CHANGE
BOWRON ROAD TO CREEKSIDE LANE
Staff report by City Manager Bowersox. This is a request to change the private street
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name for an 8-unit condominium project from Bowron Road to Creekside Lane, Creekside
Homeowners Association, applicant.
Louis Tooch, 14125 Powers Road inquired as to who pays the cost of the name
change.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford, to adopt
Resolution No. P-98-20, entitled, "A Resolution of the City Council of the City of Poway,
California Approving Street Name Change 98-02 AssessoYs Parcel Numbers 317-474-01-
01 through 317-474-01-08." Motion carried 4-0 with Mayor Higginson absent.
CITY MANAGER ITEMS
16.
City Manager Bowersox presented a report stating that $20,900 needed to be spent
for a storm pipe slip line. He then requested and received concurrence for
continued authorization to make necessary emergency repairs to protect the public
health and welfare of the City under authority of Resolution No. 98-011. (601-04)
CITY ATTORNEY ITEMS
17.
Assistant City Attorney Smith requested a closed session for existing litigation
pursuant to Govemment Code Section 54956.9(a); DeBont v City of Poway; Federal
Court Case #98CV0502L. No special findings need to be made and no report out
is expected.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
19A.
Councilmember Emery requested discussion of the Pala Indian Nation/State of
Califomia Indian Gaming Compact. Based on the background information provided,
he requested consensus of the Council to put their opposition to unfair intervention
in Resolution form (98-032) and authorize the Mayor to sign and send it. Motion by
Councilmember Emery, seconded by Councilmember P, exford, in favor. Motion
carried 4-0 with Mayor Higginson absent. (701-11)
21. Councilmember Rexford requested a staff report on bus service to the industrial
park be placed on a future agenda.
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CLOSED SESSION
Deputy Mayor Goldby called for a closed session at 8:20 p.m. as requested by the
Assistant City Attorney.
ADJOURNMENT
Deputy Mayor Goldby called the meeting back to order at 8:45 p.m. with all members
present except Mayor Higginson who was absent from the meeting. The meeting was
adjourned on motion by Councilmember Emery, seconded by Councilmember Rexford.
L~ri ~. Peoples, AssiStant City Clerk
City of Poway
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