Item 5 - Approval of Minutes AGENDA REPORT SUMMARY -
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~)
INIllAll~D BY: Joh~ D~ Fitch, Assistant City Manage~2~
· .
Marjorle K Wahlsten, City Clerk
DA~l~: February 21, 1995
SUBJECT: Approval of Minutes
ABSTRACT
The Minutes of the January 17, 1995, regular meeting have been prepared and are
attached for your approval.
ENVIRONMENTAL REVIEW
Environmental review is not required according to CEQA guidelines.
FISCALIMPACT
None
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the Council approve the minutes of the Poway City Council
meeting of January 17, 1995.
ACTION
FEB 211995 rrEm~ ~
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JANUARY 17, 1995
The January 17, 1995, 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 CALm
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
STAFF MEMBERS PRESENT
James Bowersox City Manager
Marjorie Wahlsten City Clerk
Steve Eckis City Attorney
John Fitch Assistant City Manager
Peggy Stewart Director of Administrative Services
Mark Weston Director of Engineering Services
Reba Wright-Quastler Director of Planning Services
Randy Williams Director of Public Services
Warren Sharer Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Steve Blackwood Sheriff's Lieutenant
Patrick Foley Principal Management Analyst
Penny Riley Senior Management Analyst
PLEDGE OF ALLEGIANCF
Deputy Mayor Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATION~
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Ernest Piper, 14410 Crestwood Avenue, spoke regarding the environmental
impact report for the proposed amphitheater in South Poway. He requested
the citizens be given more time to give input and stated the citizens'
emotions on this issue should be taken into account.
Mathilda Varban, 13002 Neddick Avenue, requested a ten foot wall on the
north side of Scripps Poway Parkway in the Garden Road area. She stated
opposition to the proposed amphitheater and stated noise should be
evaluated on whether it is a noise that is part of a regular life.
Dietmar Krauss-Varban, 13002 Neddick Avenue, stated he is opposed to the
proposed amphitheater in South Poway.
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FEB ~. 1 1995 ITEM 5
Page 2 - CITY OF POWAY - January 17, 1995
Bill Rickles, 13725 Utopia Road, stated the City Council is not listening
to the citizens.
Gail Trunnell, 13314 Neddick Avenue, requested a fourteen foot berm on the
Scripps Poway Parkway and a thirty day extension for EIR scoping comments
on the proposed amphitheater.
Director of Planning Services Wri§ht-Quastler explained that citizens are free
to make comments throughout the EIR process. The initial information needed is
what needs to be examined and that was the purpose of the scoping hearing. Once
the draft is prepared it will be distributed and comments will be solicited prior
to being presented to the City Council.
CONSENT CALENDAR
Motion by Councilmember Callery, seconded by Councilmember Rexford to approve the
Consent Calendar as follows:
7. Ratification of Warrant Register for period of December 26, 1994, to
December 30, 1994. (401-10)
8. Approval of Agreement With California Department of Fish & Game for
Interpretive Services at Blue Sky Ecological Reserve. (Continued from
January 3, 1995, Item 26.) (602-01 #1006)
9. Concurrence that Southwestern Cable Television's proposed rate and
charges, within the City of Poway, for the Basic Service Tier and
associated equipment are in substantial conformity with applicable FCC
Benchmark Standards. (1206-05)
10. Acceptance of Citywide traffic striping and pavement marker from IPS
Services, Inc. (602-01 #1029)
11. Adoption of Resolution No. P-95-06, entitled, A Resolution of the City
Council of the City of Poway, California, Approving Modification of
Comprehensive Sign Program 85-O1/Development Review 84-18, Assessor's
Parcel Number 317-490-77, 78, 79, 80, 81, 82," Burnham Pacific Properties
Inc. for Poway Shopping Center; located on the northwest corner of the
intersection of Poway Road and Silverlake Drive. (203-15)
11.1 Approval of application of a three year grant to "Cops Fast" for an
additional deputy to assist in juvenile intervention work. (401-30)
Motion carried unanimously.
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FEB 2 1 1995 ITEM
Page 3 - CITY OF POWAY - January 17, 1995
ITEM 4 (203-04)
VARIANCE 94-13/DEVELOPMENT REVIEW 94-07
APPLICANT: SHEA HOMES
Staff report by City Manager Bowersox. This public hearing was continued from
January 3, 1995 in order for the applicant to meet with the neighbors to discuss
issues raised at that meeting regarding two-story homes adjacent to residences
on Montauk Street; the park; the height of wall along Pomerado Road; on-site
parking; the variances requested; posting a long-term bond; and notice that was
given for the Tentative Tract Map 94-02 public hearing last June.
Director of Planning Services Wright-Quastler explained the changes Shea Homes
has proposed including reorienting some of the homes on their lots; installing
a self-closing gate in the park's wrought-iron fence; and constructing an 8 foot
high wall on Pomerado Road as required by the sound study. Other issues such as
on-site parking, notice given, and the variances were responded to. Staff
recommends approval of the project.
Speaking in opposition to staff recommendation:
Richard Ludwig, 12720 Metate Lane, expressed concerns regarding flood
control, and requested a four-way stop on Metate at the entrance to this
project.
John Johnston, 12826 Montauk Street, presented a letter with his concerns
including lack of notice for the June meeting, and impact of a two-story
home behind his lot.
William Parmley, 12546 Metate Lane, expressed concern regarding drainage
and stated he did not receive notification of the June meeting.
Ronald Stampfl, 12734 Pomerado Road, stated several directly affected
persons did not receive notice of the June hearing and requested the
entire tentative tract map be reconsidered.
Joe Diaz, 12820 Montauk, stated the notification for the June hearing was
not given correctly and presented copies of a mailing list he had obtained
from the City Clerk's Office that did not have his name on it. He
requested the City Council have a rehearing on the tentative tract map.
Speaking in favor of staff recommendation:
Ann Radosevich, 12844 Montauk Street
Russ Haley, 10721Treena Street, San Diego, representing Shea Homes
Councilmember Rexford asked what our obligation is if the residents can provide
proof that they did not receive notice of the June hearing.
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Page 4 - CITY OF POWAY - January 17, 1995
City Attorney Eckis stated that by law our obligation is to put the notice in the
mail. We do not have to prove it was delivered. The time for judicial review
is past and he does not feel the court would require reconsideration of the map.
Council questioned why Mr. Diaz' name was not on the list he presented and Mayor
Higginson called for a recess at 8:15 p.m. in order for the City Clerk to get the
tentative tract map file from her office.
CALL TO ORDER
Mayor Higginson called the meeting back to order at 8:35 p.m. and stated that the
list in the City Clerk's Tentative Tract Map 94-02 file is not the list submitted
by Mr. Diaz.
Councilmember Emery stated we have never had this many people state they did not
receive notice and if another hearing is appropriate, how can we accomplish that.
City Attorney Eckis stated the matter of a rehearing is not an issue at this
meeting. The Council can either approve the variance and development review or
deny them.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to approve staff
recommendation. Motion failed 2-3 with Councilmembers Callery, Emery and Rexford
voting "no."
City Attorney Eckis suggested the applicant be asked if he would agree to a
continuance with the possibility that the City Council may determine to rehear
the map. In response to query from Mr. Haley, City Attorney Eckis stated that
the time for challenge by a third party has passed, however the City Council can
reconsider its own action. Mr. Haley asked for a recess to meet with the City
Attorney and staff regarding his options.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to trail this
item. Motion carried unanimously.
ITEM 6.1 (203-08)
CONDITIONAL USE PERMIT 94-17
VARIANCE 94-10
APPLICANTS: RIC AND BARBARA DUDECK
REQUEST FOR REHEARING
Mayor Higginson stated that because of the incomplete public notice the City
Council will have to rehear this application. Motion by Mayor Higginson,
seconded by Councilmember Emery to grant a rehearing for Conditional Use Permit
94-17 and Variance 94-10 on February 28, 1995. Because this is past the forty
days by which a hearing is required to be held by the Municipal Code, Mr. DuDeck
agreed to the proposed date. Motion carried unanimously.
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FEB 211995 ITEM 5 '
Page 5 - CITY OF POWAY - January 17, 1995
RECESS AND CALL TO ORDER
Mayor Higginson recessed the meeting at 9:10 p.m. in order for the staff to meet
with the representative of Shea Homes. He called the meeting back to order at
9:34 p.m. with all Councilmembers present.
ITEM 4 (203-04)
VARIANCE 94-13
DEVELOPMENT REVIEW 94-07
APPLICANT: SHEA HOMES
Mayor Higginson announced the Council would resume the public hearing on this
item.
City Attorney Eckis stated he would recommend a continuance to February 14, 1995
since this is the first meeting all five Councilmembers will be present, in order
to provide more information regarding the issue of the notice that was given.
At that meeting the City Council will make a determination whether the notice was
adequate. If they find it was, then they can make a determination on the
variance and development review.
Mr. Haley stated he would consent to a continuance for that purpose.
Motion by Councilmember Callery, seconded by Councilmember Emery to continue
consideration of Variance 94-13 and Development Review 94-07 to February 14,
1995. Motion carried unanimously.
ITEM 5 {1110-01)
FUNDING STATUS
SCRIPPS POWAY PARKWAY EAST
Staff report by City Manager Bowersox. The estimated total project cost for the
Scripps Poway Parkway from Stowe Drive to Sycamore Canyon Road is $39,730,000
including nine cost reduction measures detailed in this report. Approximately
$11,000,000 of construction responsibility by the Parkway Business Centre will
not be completed. Current approved project funding is estimated to be
$32,366,000. The project deficit is $7,364,000. Staff recommends several fund
transfers from other sources to make up the deficit.
Gail Trunnell, 13314 Neddick Avenue, stated if there are projects other than
light industrial built south of the Parkway additional berming is needed to
protect the residents. Mayor Higginson requested this item be added to the EIR
for the proposed amphitheater.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to adopt the amended
financing plan for the Scripps Poway Parkway to match project costs with
appropriated funding. Motion carried unanimously.
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FEB 2 1 1995 ITEM 5
Page 6 - CITY OF POWAY - January 17, 1995
ITEM 6 (1204-05)
WATER TREATMENT PLANT IMPROVEMENT PROGRAM
Staff report by City Manager Bowersox. The City Council authorized upgrading the
Lester J. Berglund Water Treatment Plant in order to meet Federal and State
drinking water treatment requirements. Staff has updated cost estimates and
funding sources for the improvements and recommends their adoption.
Motion by Councilmember Callery, seconded by Councilmember Emery to adopt the
improvement program and financing plan including transfer of $211,450 from Fund
510-1714 to Fund 510-1718 and appropriation of $200,000 from the Sewer Fund
Reserves to Fund 510-1718. Motion carried unanimously.
ITEM 6.2 (706-02)
COMMUNITY FACILITIES DISTRICT NO. 1
COMMUNITY FACILITIES DISTRICT NO. 88-1
DEBT SERVICE PAYMENT
Staff report by City Manager Bowersox. The City has been notified by the County
Tax Collector's Office that C.F. Poway Ltd. in CFD No. 1 and Parkway Business
Centre in CFD 88-1 are delinquent on their first installment of special taxes for
fiscal year 1994-95. Staff recommends a draw on the Districts' reserves to cover
the debt service payments.
Motion by Councilmember Emery, seconded by Councilmember Callery to authorize
draws of $726,379.40 and $631,845.31 from the bond reserve fund balances of CFD
No. 1 and CFD No. 88-1 for payment of debt service due on January 25 and February
8, 1995. Motion carried unanimously.
HAYOR AND CITY COUNCIL-INITIATED ITEHS
17A. Councilmember Rexford requested a status report on meetings with ADI.
City Attorney Eckis stated it could be done in closed session since this
is pending litigation.
17B. Councilmember Rexford requested a Councilmember be appointed as her
alternate to ADAPT.
17C. Councilmember Rexford asked if pothole repair is scheduled. Director of
Public Services Williams stated they are working on it as dry moments
occur. It will be an ongoing project.
17D. Councilmember Rexford stated she had been told by a citizen that we could
be printing Poway Today on less expensive paper and requested a report
from staff.
18A. Mayor Higginson announced the following appointments to the Senior Issues
Committee: Councilmember Rexford, Paul Markowitz, and Elaine Jeter.
5405
FEB 2 1 1995 ITEM 5
Page 7 - CITY OF POWAY - January 17, 1995
18B. Mayor Higginson stated there are no agenda items scheduled for January 24,
1995 and requested concurrence to cancel the regular meeting. Motion by
Councilmember Emery, seconded by Councilmember Cafagna to cancel the
regular meeting of January 24, 1995. Motion carried unanimously.
18C. Mayor Higginson reconfirmed David Churchill as Councilmember Emery's
appointment to the Redevelopment & Housing Advisory Committee.
18D. Mayor Higginson stated he would be serving as representative to the
Wastewater Management District.
ADJOURNMENT
Mayor Higginson adjourned the meeting in memory of Leland Williams, husband of
Margaret Williams and long-time Poway resident, who died last week. The time was
10:00 p.m.
Marjorie K. Wahlsten, City Clerk
Secretary
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1995 ITEM .5 ,