Item 12 - Approval of Minutes
AGENDA REPORT SUMMARY .--
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~
INITIATED BY: John D. Fitch, Assistant City Manager 011-
Marjorie K. Wahlsten, City Clerk-~. ~
DATE: June 20, 1995
SUBJECT: Approval of Minutes
ABSTRACT
The Minutes of the May 23, 1995 regular meeting have been prepared and are attached for
your approval.
ENVIRONMENTAL REVIEW
Environmental review is not required according to CEQA guidelines.
FISCAL IMPACT
None
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None
RECOMMENDATION
It is recommended that the Council approve the minutes of the Poway City Council
meeting of May 23,1995.
ACTION
e:\CltY\legl,lat\C tYClrK\agenda\minute'.,um
JUN 2 0 1995 ITEM 12
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CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
MAY 23, 1995
The May 23, 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 CALL
Mickey Cafagna, Bob Emery, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Susan Callery, Betty Rexford
STAFF MEMBERS PRESENT
James Bowersox City Manager
Marjorie Wah1sten City Clerk
Steve Eckis City Attorney
Peggy Stewart Director of Administrative Services
Bob Thomas Director of Community Services
Mark Weston Director of Engineering Services
Reba Wright-Quast1er Director of Planning Services
Randy Williams Director of Public Services
Mark Sanchez Director of Safety Services
Jim Marmack Sheriff's Captain
David Narevsky Redevelopment Manager
PLEDGE OF ALLEGIANCE
Counci1member Emery led the Pledge of Allegiance.
PRESENTATIONS
A. Mayor Higginson presented Certificates of Completion and Volunteer Park
Ranger badges to Sean Rauch and Michael Fender.
B. Mayor Higginson presented a check for $250 to Dianna Kochner of Abraxas
High School for their Grad Nite activities.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Bill Rickles, 13725 Utopia Road, stated he wished to give a tribute to
veterans who made it possible for us to have freedom of speech.
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Peggy Collette, 13969 Bernadotte Lane, stated the City Counci 1 should
appoint a citizens panel and outside independent counsel to review the trash
franchise issue. City Attorney Eckis stated that Paul Pfingst, the District
Attorney, has rece i ved a 1 etter from a Poway citizen regarding the trash
franchise and we have indicated we will cooperate fully if there is an
investigation.
Jack Cook, 18562 Locksley Street, San Diego, President of the Pomerado
Community Band, thanked the City Council for their support. He thanked staff
members Bob Thomas, Jim Bentz, LaDonna Green and volunteer rangers for helping
to make their community band festival a success last week-end.
Charles McLauchlan, P.O. Box 12, stated he is trying to cooperate with City
staff regarding the proposed amphitheater since it will impact his property, and
he wants to have some input into the process.
CONSENT CALENDAR
City Manager Bowersox stated that staff recommends Item 22 be continued for four
weeks and the applicant has requested continuance of Item 24 for two weeks.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the
Consent Calendar as follows:
16. Approval of Minutes - City Council
April 18, 1995, Regular Meeting
April 25, 1995, Regular Meeting
April 27, 1995, Adjourned Regular Meeting
18. Ratification of Warrant Register for period of May 1-5, 1995. (40HO)
19. Approval of the acquisition of two 20-foot sewer easements for the Midland
Road/Orange Blossom sewer project: 1) Joseph Czarzasty, in the amount of
$3,600, located north of the existing terminus of Midland Road at Orange
Blossom Lane; and 2) DWHLS, L.P., a California Limited Partnership, in the
amount of $1,000, located southwest of the terminus of Budwin Lane.
(1001-02)
20. Adoption of Resolution No. 95-033, entitled, "A Resolution of the City
Counci 1.cOf the City of Poway Ordering the Summary Vacation of an
Irrevocable Offer of Dedication of a Publ ic Highway Easement Recorded
December 8, 1980 in the Office of the County Recorder of San Diego County
(Vacation 95-01)", on Midland Road from Orange Blossom Lane to Del
Poniente Road. (VAC 95-01) (1002-06)
21. Adoption of Resolution No. 95-034, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Summary Vacation of an Easement
for County Highway Recorded March 6, 1969 in the Offi ce of the County
Recorder of San Di ego County (Vacat i on 95-02)" on Midland Road from Orange
Blossom Lane to Del Poniente Road. (VAC 95-02) (1002-06)
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22. Continue Approving Advance Retirement of Bonds for Assessment District No.
79-1 to June 20, 1995. Assessment District 79-1 was created to fund
public improvements for the i nsta 11 at i on of a water system and
appurtenances for properties in the eastern portion of Poway. (405-02)
23. Approva 1 of amendment to Agreement with the County. of San Di ego for
Management and Implementation of an Eighteenth Year Community Development
Block Grant Project; adopt i on of Reso 1 ut i on No. 95-035, entitl ed, "A
Resolution of the City Council of the City of Poway Determining Certain
Pub 1 i c Improvements to be of Benefit to the Paguay Redevelopment
Project. " (602-01 #799)
24. Continue i nterpretat i on of South Poway Development Standards to allow
towing operation and temporary storage of vehicles on Lots 41 and 42
within Parkway Business Centre; Anytime Towing, applicant; APN 317-810-18
& 19 to June 6, 1995. (203-09)
25. Adoption of Planning Resolution No. P-95-27, entitled, "A Resolution of
the City Council of the City of Poway, California Approving Temporary Use
Permit 95-31," for the seventh annual Spring Street Fair, Poway Chamber of
Commerce, applicant, to be held Sunday, May 28, 1995 from 10 a.m. to 4
p.m. on Midland Road between Adrian and Edgemoor Roads. ( 203-07)
26. Adoption of Planning Resolution No. P-95-28, entitled, "A Resolution of
the City Council of the City of Poway, California, Approving Temporary Use
Permit 95-23, Phil SpearsjPoway High School Band Boosters, applicants, for
a Christiansen Amusements fundraising carnival on the Mega FoodsjK-Mart
site, northeast corner of Poway and Midland Roads, June 1-4, 1995.
( 203-07)
27. Adopt i on of Pl anni ng Resol ut i on No. P-95-29, ent i tl ed, "A Resol ut i on of
the City Counc il of the City of Poway, Cal ifornia Denying Minor
Conditional Use Permit 95-03, Assessor's Parcel Number 275-270-64," Bruce
and Carolyn Cassell, applicants, to construct a lighted tennis court at
13712 Paseo Valle Alto, in Green Valley Estates. (confirming action taken
May 9, 1995, Item 6) (203-24)
Motion carried 3-0 with Councilmembers Callery and Rexford absent.
ITEM 5 (701-04 )
ORDINANCE NO. 444jSECOND READING
REGULATION OF TOBACCO PRODUCTS
Mayor Higginson read the title of Ordinance No. 444, "An Ordinance of the City
of Poway, California, Adding Chapter 8.05 to Title 8 of the Poway Municipal Code
Relating to the Regulation of the Sale of Tobacco Products." City Manager
Bowersox stated staff recommends adoption.
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Speaking in favor of staff recommendation:
Hilary Whitehead, 13861 Carriage Road
Motion by Council member Emery, seconded by Councilmember Cafagna to waive further
reading, close the public hearing and adopt Ordinance No. 444. Motion carried
3-0 with Counc il members Ca 11 ery and Rexford absent. Council member Cafagna stated
he was voting in favor because the majority of the City Council supports this,
however personally he believes it is over-regulation.
ITEM 6 (701-04 )
ORDINANCE NO. 445jSECOND READING
MOBILE HOME INSPECTIONS
Mayor Higginson read the title of Ordinance No. 445, "An Ordinance of the City
of Poway California, Adding Chapter 15.28 to the Poway Municipal Code Adopting
Certain Provisions of Title 25 of the California Code of Regulations Relating to
Mobile Home Inspections, Except Fee and Penalty Provisions, Pertaining to the
Construction, Use Maintenance, and Occupancy of Mobile Homes." Council member
Emery requested this item be continued for two weeks because of some questions
he has. He stated he no longer has a financial interest in a mobile home since
he has sold his mother's that was in Poinsettia Mobile Home Park. .
Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue the
second reading of Ordinance No. 445 to June 6, 1995. Motion carried 3-0 with
Councilmembers Callery and Rexford absent.
ITEM 7 (203-04)
VARIANCE 95-01
APPLICANT: GEORGE MONTELLO
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. This is a request to construct a 319 square foot addition to an
existing single family residence at 11875 Poway Road which requires a variance
to allow the addition to encroach eight feet into the required 20 foot side yard
setback. Staff recommends approval.
There was no one present wishing to speak.
Moti,on by Mayor Higginson, seconded by Council member Cafagna to close the publ ic
hearHng and adopt Planning Resolution No. P-95-30, entitled, "A Resolution of the
Cit)! Counc il of the City of Poway, California Approving Variance 95-01,
Ass~ssor's Parcel Number 316-062-16." Motion carried 3-0 with Councilmembers
Callery and Rexford absent.
I
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ITEM 8 (602-01 #226R)
LEASE AGREEMENT
POWAY VALLEY COMMUNITY GARDEN CLUB
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. This is a request by the Poway Valley Community Garden Club for a
community garden on Redevelopment Agency owned property at 13112 Vista View
Drive. Staff is recommending a $5,000 appropriation with $3,000 being start-up
loan of Agency funds to supplement anticipated contributions of material and
labor and approval of a lease. $2,000 is for fencing.
Speaking in favor of staff recommendation:
Jeff Beers, 13044 Bonita Vista, representing the Garden Club
Motion by Councilmember Emery, seconded by Councilmember Cafagna to close the
public hearing, adopt Resolution No. 95-036, entitled, "A Resolution of the City
Council of the City of Poway, California Determining that the Poway Community
Garden Project is of Benefit to the Paguay Redevelopment Project," approve the
lease and appropriate $5,000 from the Redevelopment Agency CIP Reserve Fund.
Motion carried 3-0 with Councilmembers Callery and Rexford absent.
ITEM 9 (705-07)
LANDSCAPE MAINTENANCE DISTRICT 83-1
ASSESSMENTS FOR FISCAL YEAR 1995-96
Mayor Higgi nson opened the publ i c heari ng. Staff report by Ci ty Manager
Bowersox. The Engi neer' s report for Landscape Mai ntenance Di stri ct 83-1 was
approved on May 2, 1995. One parcel, KinderCare, has been added to Zone B. The
assessments for Zones A and B are proposed to remain at $118.48 ad $255.34 per
unit. This public hearing will be continued to June 27, 1995 for the second
opportunity for public comment.
There was no one present wishing to speak.
Motion by Council member Cafagna, seconded by Council member Emery to continue this
public hearing to June 27, 1995. Motion carried 3-0 with Councilmembers Callery
and Rexford ab~ent.
ITEM 10 (705-09 )
LANDSCAPE MAINTENANCE DISTRICT 86-1
ASSESSMENTS FOR FISCAL YEAR 1995-96
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. The Engineer's report for Landscape Maintenance District 86-1 was
approved on May 2, 1995. Six parcels, Krikoriantz, have been added to Zone A.
The assessments for Zones A and B are proposed to remain at $261.00 and $0 per
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unit. This public hearing will be continued to June 27, 1995 for the second
opportunity for public comment.
Speaking in opposition to staff recommendation:
Marcia Clingman, 14473 Trailwind Road
Ken Dorsey, 15969 Grey Stone Road
Speakers stated the level of service is not adequate for the amount of money
being spent and suggested it be privatized. City Manager Bowersox stated it is
done by a private contractor and suggested staff will meet with the property
owners to discuss their concerns.
Motion by Councilmember Emery, seconded by Councilmember Cafagna to continue the
public hearing to June 27, 1995. Motion carried 3-0 with Councilmembers Callery
and Rexford absent.
ITEM 11 (705-12)
LANDSCAPE MAINTENANCE DISTRICT 86-3
ASSESSMENTS FOR FISCAL YEAR 1995-96
Mayor Higginson opened the publ ic hearings. Sta ff report by City Manager
Bowersox. The Engineer's report for Landscape Maintenance District 86-3 was
approved on May 2, 1995. One parcel, MegaFoods Plaza, has been added to Zone B.
The assessments for Zones A and B are proposed to remain at $163.00 and $113.80
per unit. This public hearing will be continued to June 27, 1995 for the second
opportunity for public comment.
There was no one present wishing to speak.
Motion by Mayor Higginson, seconded by Councilmember Cafagna to continue the
public hearing to June 27, 1995. Motion carried 3-0 with Councilmembers Callery
and Rexford absent.
ITEM 12 (1402-02)
DRAINAGE IMPROVEMENTS
POWAY LIBRARY SITE
Staff report by Director of Engineering Services Weston. The entire library site
is within the 100 year floodplain of Rattlesnake Creek. To build on the site,
the property has to be flood proofed by elevating the building pads and
constructing drainage improvements such that there is no additional flood impact
to the adjoining properties. Staff and the City's consultants have analyzed four
a lterna t i ve channel improvements and recommend Alternate D, a combination
concrete box from Poway Road to west of the Tarascan extension and a naturalized
channel from that point to the Community Park. The cost is estimated at
$910,000. The top of the box will be landscaped. Staff has met with the Library
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Advisory Committee and reviewed the recommendation with them.
Speaking in opposition to staff recommendation:
Susan Sheldon, 13411 Starridge Street
Mot i on by Counc i1 member Emery, seconded by Mayor Higgi nson to approve staff
recommendation. Mot i on carri ed 3-0 wi th Counci lmembers Ca 11 ery and Rexford
absent. City Manager Bowersox noted that this action will enable the architect
to begin their work.
ITEM 13 (1163-01 )
PARKING RESTRICTIONS ON NORWALK STREET
Staff report by City Manager Bowersox. At a citizen request, the Traffic Safety
Committee reviewed conditions on Norwalk Street at its intersection with Norwalk
Lane and Old Community Road. The Committee recommends parking restrictions on
the north side to improve sight visibility for vehicles exiting the northerly
driveway of Poway Country Pre-School. '
Motion by Counc i1 member Emery, seconded by Council member Cafagna to adopt
Resolution No. 93-037, entitled, "A Resolution of the City Council of the City
of Poway, California, Establishing a No Parking Zone on a Segment of the North
Side of Norwalk Street." Motion carried 3-0 with Councilmembers Callery and
Rexford absent.
ITEM 14 (1110-04 )
STOWE DRIVE EXTENSION
Item introduced by City Manager Bowersox. Staff report by Director of
Engineering Services Weston. An extension of Stowe Drive from Old Pomerado Road
to Pomerado Road was requested by residents of the area at a workshop held June
11, 1992 and approved by the City Council. Staff also presented the traffic
signal analysis for the intersection of Old Pomerado Road and Pomerado Road. If
Stowe Dri ve was not extended, a traffic signal woul d be warranted at that
intersection. Staff has prepared a preliminary design of the road extension and
several safety,oncerns have been raised. Staff recommends a meeting with the
residents to discuss a traffic signal as an alternative to the road extension.
Speaking in opposition to staff recommendation:
Peggy Shea, 12423 Paseo Colina
Council concurred it would not be prudent to consciously adopt a road alignment
that is unsafe. Motion by Mayor Higginson, seconded by Councilmember Emery to
direct staff to conduct a neighborhood meeting to discuss the findings of the
preliminary design of Stowe Drive extension and discuss the replacement of that
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project with a traffic signal at Pomerado Road and Old Pomerado Road. Motion
carried 3-0 with Councilmembers Callery and Rexford absent.
ITEM 15 (408-01)
INVESTMENT REPORT
Staff report by City Manager Bowersox. He commended Director of Administrative
Services Stewart for her work with the San Diego County Investment Pool. Staff
is recommending the City Council receive and file the City's Investment Report
as of April 30, 1995 and authorize staff to proceed with the Phased Withdrawal
Option from the San Diego County Investment Pool.
Motion by Council member Emery, seconded by Councilmember Cafagna to approve staff
recommendation. Motion carried 3-0 with Councilmembers Callery and Rexford
absent.
ITEM 22 (405-02)
ASSESSMENT DISTRICT 79-1
ADVANCED RETIREMENT OF BONDS
Staff report by City Manager Bowersox. Since the staff report was prepared, Bill
Barnick brought a matter to the City's attention and additional analysis showed
that interest earnings should be returned to the owners paying off the bonds.
Staff requests a four week continuance to complete the computations.
Director of Engineering Services Weston stated this matter came out of several
issues. The first was requests for water service from property owners east of
the assessment district. The second was the need for better water pressure for
properties on Donart Drive. Staff looked to see if there was excess capacity in
the Assessment District 79-1 water system and found there is. In order to serve
other properties from this system, the bonds could be paid off.
Bill Barnick, 14645 Sunrise Canyon Road, stated there is $400,000 in the bond
reserve fund and these funds should be returned to the bond payers. He a 1 so
questioned whether there is excess capacity.
Councilmember Emery stated that when this assessment district was approved in
1981, the City Council was assured the system was not being oversized because
they did not want water availability to be an excuse for additional growth.
Motion by Councilmember Cafagna, seconded by Councilmember Emery to continue this
item to June 20, 1995. Mot i on carri ed 3-0 wi th Counci 1 members Callery and
Rexford absent.
CITY ATTORNEY ITEMS
City Attorney Eckis announced he has jOined the City in three amicus briefs:
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Harri s v County of Madera re whether a Housi ng E1 ement is val i d without HCD
approval and whether the update is requi red if the State does not provide
funding; Ear1ich v City of Culver City re whether the traditional rational basis
test or rough proportionality applies when a city imposes a mitigation fee; and
Edwards v City of Santa Barbara re the legality of "bubble" ordinances.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 8:50 p.m. on motion by Counci1member
Emery and seconded by Counci1member Cafagna.
Marjorie K. Wahlsten, City Clerk
City of Poway
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