Item 17 - Approval of Minutes
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AGENDA REPORT SUMMARY
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TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~
INITIATED BY: John D. Fitch, Assistant City Manager
Marjorie K. Wahlsten, City Clerk. i)\........ <~~
DATE: July 11, 1995
SUBJECT: Approval of Minutes
ABSTRACT
The Minutes of the June 13 and 20, 1995 regular meetings and the June 15, 1995
adjourned 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
meetings of June 13, I~ and 20, 1995.
ACTION
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.: \C' ty \ leg . lat \1;1 tyc Irk ,.gena. \m; nut... sum
JUL 11 1995 ITEM 17 ;'
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JUNE 13, 1995
The June 13, 1995, 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, 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
Bob Thomas Director of Community Services
Mark Weston Director of Engineering Services
Reba Wright-Quastler Director of Planning Services
Randy Willi ams Director of Public Services
Warren Shafer Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Peter Moote Deputy Dir. of Administrative Services
Christine Tsung Finance Manager
Michael Putnam Performing Arts Center Manager
Penny Ril ey Senior Management Analyst
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Peggy Collette, 13969 Bernadotte Lane, submitted documents regarding the
award of the trash franchise and again asked that the franchise be rebid. In
response to Councilmember Cafagna she stated her trash rates have remained the
same as they were with Laidlaw. City Attorney Eckis stated he has reviewed all
the documents referred to by Ms. Collette and unless directed by the City
Council, his review of this matter is completed.
Joe Diaz, 12820 Montauk, spoke regarding the trash franchise. He stated
his rates have gone up as has his neighbors. Councilmember Cafagna asked if he
would provide a copy of his old and new bills to City staff.
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JUL 111995 ITEM 17 'i
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Larry Cruse, 13734 Utopia, asked again about receiving the amphitheater EIR
in a computer readable format, and asked if the City would pay for the first copy
and they could copy the disk. He acknowl edged recei vi ng the answer to hi s
original query on May 16, 1995. The City Clerk will report back on the cost and
complexity of complying with this request.
CONSENT CALENDAR
City Clerk Wahlsten noted Item 16 has an additional Resolution annexing the
project into the Sewer Improvement District included in the staff report.
Motion by Councilmember Cafagna, seconded by Councilmember Emery, to approve the
Consent Calendar as follows:
10. Approval of Minutes - City Council
May 16, 1995, Regular Meeting
May 18, 1995, Adjourned Regular Meeting
12. Ratification of Warrant Register for period of May 22-26, 1995. (401-10)
13. Acceptance of City Reroofing Project from Stricker Roofing, Inc.
(602-01 #1028)
14. Receive and file Status Report regarding "First Night" alcohol-free
celebration. (Referred from March 7, 1995, Item 3) (1180-05 )
IS. Approva 1 of Po li cy on the all ocat i on of Cable Plant from the City's
Mileage Bank with Cox Cable San Diego, Inc. (1206-02 )
16. Approval of Final Map for Poway Oaks, TTM 94-02, Shea Homes, Inc. ,
applicant; approval of agreement relating to publ ic improvements, and
adoption of Resolution No. 95-045, entitled, "A Resolution of the City
Council of the City of Poway Ordering the Expansion of Poway Landscape
Maintenance Assessment District No. 86-3 with the Annexation of APN 317-
211-02 and 04 by Written Consent of Property Owners"; Resolution No. 95-
046, entitled, A Resolution of the City Council of the City of Poway
Annexing Territory to the Sewer Improvement District of the City of Poway
- Poway Oaks Subdivision Annexation"; Resolution No. 95-047, entitled, "A
Resolution of the City Council of the City of Poway Establ ishing a No
Parking Zone on the North Side of Metate Lane Extending Easterly from
Pomerado Road"; and Resolution No. 95-048, entitled, "A Resolution of the
City Council of the City of Poway Establishing a Stop Sign on Poway Oaks
Drive at Metate Lane." (203-01)
16.1 Approva 1 of the following positions on pending legislation: oppose AB
1544, which would allow counties to retain the penalty on Mello-Roos
taxes; oppose SB 1066 which would remove a city's ability to charge an
-- excise tax for general fund needs related to new development; support SB
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JUL 11 1995 ITEM 17
Page 3 - CITY OF POWAY - June 13, 1995
96 that enacts the School Facilities Bond Act of 1996; and support AB 331
which makes provisions for a $2 billion school bond issue in 1996.
(701-11)
16.2 Award of Bid for Vending Machine Service at Community Swim Center to
Southland Vending Services in the amount of 27.5% commission for fiscal
years 1995-96 and 1996-97. (602-01 #1076)
Motion carried unanimously.
ITEM 4 (203-08)
VARIANCE 95-03/DEVELOPMENT REVIEW 95-05
APPLICANT: CHABAD OF POWAY
Mayor Higgi nson opened the publ i c heari ng. Staff report by City Manager
Bowersox. On May 9, 1995, the City Council voted to rehear the variance and
development review for Chabad of Poway's religious complex at 16934 Old Espola
Road. The neighbors had protested the original design of the project and it has
been redesigned. The height of the main building has been reduced to 27 feet
from finished grade. The fence on the west side is proposed to be increased to
eight feet and the congregation will be required to park in the parking lot
rather than on the street. Staff recommends approval of the revised project.
Speaking in opposition to staff recommendation:
Eileen Murray, 16947 Old Espola Road, stated she is still concerned about
the parking situation.
Speaking in favor of staff recommendation:
r,JF' " jttlbbi Goldstein, 16934 Old Espola Road
Ray Poliakoff, 13334 Calle Colina, Congregation President
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
public hearing; issue a Mitigated Negative Declaration; and adopt Planning
Resolution Na. P-95-32, entitled, "A Resolution of the City Cauncil of the City
of Poway, California, Approving Variance 95-03 and Development Review 95-05, ........,...
Assessor's Parcel Number 273-820-15." Motion carried unanimously.
ITEM 5 (205-02)
BUDGET REVIEW COMMITTEE'S REPORT
1995-96 FINANCIAL PLAN
Mayor Higginson opened the publ ic hearing. Staff report by City Manager
Bowersox. There is a projected $300,000 surplus in 1994-95. Operating budgets
for 1995-96 are recommended to be $34,272,900 for the City and $5,060,930 for t~e_-x~_~
Redevelopment Agency. The General Fund portion is proposed to be $15,863,t~:.~_~_ .'0
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JUL 11 1995 ITEM 17 .
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Major increases in the budget come from rate increases from Metropolitan Water
District, San Diego County Water Authority, and Metro Sewer. Staff also proposes
$100,000 set aside for the library, $100,000 increase in street maintenance, and
a $260,000 increase in the law enforcement contract costs. The five year fiscal
forecast has improved over the one prepared in 1993-94. Staff has projected
three scenarios with the forecast. He commended the staff and the Budget Review
Committee for their work in preparing this document.
Mark Gordon, 17206 Pinot Place, Chairman of the Budget Review C~ittee, stated
this is not just another balanced budget but a tribute to staff and the City
Council for their fiscal prudence. He stated the community must learn to lower
expectations because the five year fiscal forecast shows the backlog of needed
maintenance projects increasing.
Council concurred they are concerned about road maintenance needs and commended
staff for thei r efforts to save money. They requested that questions be included
on the upcoming community survey to determine citizens' willingness to fund items
like the library and parks and recreation through special assessments.
Motion by Councilmember Emery, seconded by Councilmember Callery to continue the
public hearing to June 20, 1995. Motion carried unanimously.
ITEM 6 (401-17)
THIRD PARTY RENTAL RATES
POWAY CENTER FOR THE PERFORMING ARTS
Mayor Higginson opened the public hearing. Item introduced by City Manager
Bowersox. Staff report by Director of Community Services Thomas. In order to
meet the established goal of reducing the General Fund subsidy of the Performing
Arts Center, it is both necessary to reduce expenses and enhance revenue. An
increase in rental rates to $600 for a five hour minimum and $150 for each
additional hour for non-profit, community-based organizations, and $850 for a
five hour minimum and $200 for each additional hour for for-profit groups and
elimination of the percentage of gross ticket sales fee from both categories is
recommended. It is projected this change will increase the rental revenue
approximately $20,000 in 1995-96, based on historical rental inforamtion.
There was no one present wishing to speak.
Motion by Councilmember Emery, seconded by Councilmember Callery to close the
pubic hearing and adopt Resolution No. 95-049, entitled, "A Resolution of the
City of Poway, California Establishing the Schedule of Fees for Rental of the
Poway Center for the Performing Arts and Rescinding Resolution No. 93-094."
Motion carried unanimously.
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JUL 11 1995 ITEM 17 I
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ITEM 7 (701-09)
LIBRARY BUDGET FOR 1995-96
Staff report by City Manager Bowersox. The Li brary Advi sory Commi ttee is
recommending a $71,165 budget for the library in 1995-96 to fund 30 hours per
week of a children's librarian, connection to the InterNet, updating reference
books and other items. Staff recommends approval.
Speaking in favor of staff recommendation:
Joye Davission, 17333 Celestial Road
Motion by Councilmember Emery, seconded by Councilmember Callery to approve the
$71,165 library budget for 1995-96. Motion carried unanimously.
ITEM 8 (202-01)
CITY COUNCIL GOALS & OBJECTIVES
Staff report by City Manager Bowersox. Annually, the City Council reviews the
status of goals and objectives established from the current fiscal year to begin
developing goals and objectives for the upcoming fiscal year's financial plan.
Staff has prepared a comprehensive listing of the 1994-95 goals and objectives
and recommends a workshop in August to present 1995-96 goals.
Councilmember Callery stated that Poway High School has a requirement that their
graduates complete volunteer hours and asked if the City could be the recipient
of SOle of the hours. She also suggested that staff start warking on a means to
provide transportation from the Brookview site to the Senior Center when those
units are constructed. She also suggested that staff work with the County of San
Diego to get easements for the reclaimed water line through Sycamore Creek since
it doesn't appear that property will be acquired by the San Dieguito River Park.
Council concurred to hold an August workshop.
ITEM 9 (209-00R)
COMMERCIAL REHABILITATION PROGRAM
Item introduced by City Manager Bowersox. Staff report by Director of
Redevelopment Services Shafer. On September 6, 1994, Council directed staff and
the Redevelopment and Housing Advisory Committee to prepare a plan for a
commercial rehabll itation program due to the overwhelming response to the
residential rehabilitation program. The program could provide grants/loans to
provide "facelifts" for businesses in order to help stimulate and revitalize
thei r growth. The Committee has prepared a concept for Council concurrence prior
to developing an implementation plan which includes the focus of $250,000 on
projects that would implement the concepts contained in the Poway Road Specific
Plan, as well as the basic program consisting of $5,000 loans with the
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JUL 11 1995 ITEM 17 I
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availability of an additional $5,000 matching loan, at no interest and 10%
forgiven each year.
Speaking in opposition to staff recommendation:
Larry Cruse, 13734 Utopia Road, stated Poway needs new businesses rather
than sprucing up existing businesses, and suggested the funds be used for a
business incubation project.
Kennon Dial, 12311 Boulder View Drive, member of the Redevelopment and
Housing Advisory Committee, stated more funds need to be put into the residential
program and the library site.
Council stated a criteria for need and expected results should be developed, as
well as specifics on landlord/tenant relationships if a tenant applies for a
loan.
Motion by Councilmember Cafagna, seconded by Councilmember Callery to direct the
Redevelopment and Housing Advisory Committee to develop a targeted Commercial
Rehabilitation Program and approve the concept for the basic program, with
implementation plans to be brought back to the City Council as soon as possible.
Motion carried unanimously.
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ITEM 9.1 602-01 #1031}
TRASH COLLECTION RATES
Staff report by City Manager Bowersox. The Solid Waste Management Authority has
adopted new tipping fee rates for the county landfill system and, under terms of
our franchise with Mashburn these savings will be passed on to their customers.
On June 27, 1995 staff will present a resolution to the City Council which will
reduce single family residential rates by 4.39% and multi-family and commercial
rates by 6.96%. He commended Councilmember Cafagna for his work on the Solid
Waste Authority and what they have been able to achieve.
Council concurred to receive and file the report.
CITY ATTORNEY ITEMS
18. City Attarney Eckis requested a closed session with the City Council for
the following: A. Conference with Real Property Negotiator (i54956.8);
Property: Haley Ranch Estates; Negotiating Parties: City
Manager/Executive Director (Buyer), Allen & Richard Kuebler (Owner/Seller)
Under Negotiation: Terms and Conditions of Owner Participation Agreement
regarding Acquisition. B. Conference with Legal Counsel - Existing
Lit i gat i on (~54956.9(a); Case: Poway Redevelopment Agency v. Parkway
Business Centre, Parkway Partners, ADI Property Inc., D. L. Daley Corp. &
Burlich Corp, Superior Court Case No. 685313.
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3UL 11 1995 ITEM 17
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MAYOR AND CITY COUNCIL-INITIATED ITEMS
19. Counc 11 member Cafagna stated he had talked to Assemblyman Goldsmith
regarding legislation to make it possible to finish SR 56 by making it a
to 11 road. This would eliminate the need to have development occur in
order to fund the road construction. Council concurred a meeting with the
City of San Diego to determine their interest in this concept would be
beneficial.
23. Mayor Higginson announced Counc 11 member Rexford's appoi ntllent to the
Redevelopment & Housing Committee is Jeff Schipper.
CLOSED SESSION
Mayor Higginson adjourned the meeting into closed session at 9:00 p.m.
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:44 p.m. Upon motion by
Councilmember Cafagna, seconded by Councilmember Emery, Mayor Higginson ordered
the meeting adjourned to 7:00 P.M., Thursday, June 15, 1995 for a joint meeting
with the Poway Unified School District Board of Trustees in the Meadowbrook
Middle School Multi-Purpose Room, 12320 Meadowbrook Lane, Poway California. The
time of adjournment was 9:45 P.M.
Marjorie K. Wahlsten, City Clerk
City of Poway
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JUlll 1995 ITEM 17
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-- CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING
JUNE 15, 1995
The June 15, 1995 meeting, adjourned from the June 13, 1995 regular meeting
of the City Council of the City of Poway, was called to order at 7:09 p.m., by
Mayor Higginson at the Multi-purpose room of Meadowbrook Middle School, 12320
Meadowbrook Lane, Poway, California, as a jOint meeting with the Poway Unified
School District Board of Trustees.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery (Councilmember Emery arrived at 7:23 p.m.)
STAFF MEMBERS PRESENT
James Bowersox City Manager
Marjorie Wahlsten City Clerk
Bob Thomas Director of Community Services
PLEDGE OF ALLEGIANCE
Mayor Higginson led the pledge of allegiance.
INTRODUCTIONS
Board President Charlene Zettel introduced the Poway Unified School District's
Board of Trustees: Jeff Mangum, Kathleen Zaworski-Burke, Steve McMillan, and
Penny Rantfle.
PRESENTATIONS
Trustee Jeff Magnum presented a Resolution of appreciation to the Mayor and City
Councilmembers for their leadership. Trustee Penny Rantfle presented
commendations to City Manager Bowersox and Director of Community Services Thomas
for their work in the community.
(Councilmember Emery arrived at 7:23 P.M.)
CITY/SCHOOL JOINT PROJECTS
PUSD Superintendent Robert Reeves presented a list of joint projects funded by
the City on School District property including the Performing Arts Center, Twin
Peaks and Meadowbrook gymnasiums or for the benefit of the School District on
City property such as the FFA faCility at Lake Poway. He also mentioned several
programs such as the school crossing guards and DARE. (1503-06)
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City Manager Bowersox revi ewed the j uven il e 1 aw enforcement program, both
intervention/investigation and education. Three deputies have been assigned to
work with juvenile-related matters and a fourth will be added in the 1995-96
budget. (1301-01)
Assistant Superintendent Jim Abbott reviewed proposed projects to be funded from
Redevelopment Agency funds when they become available, including development of
a Professional Development Center which will also have Redevelopment Agency
funding from Office of Education; modernization projects including technology
upgrades which may include matching funds from the State; soccer facilities at
Pomerado Elementary and Poway High School; ESS facilities at elementary sites;
and other programs. (1503-06 )
Counc il and Board di scussed the need for additional playing fields in the
community and the possibility of improving the upper field at Meadowbrook.
FUTURE REDEVELOPMENT AGENCY FUNDING
City Manager Bowersox stated the City and School Di stri ct embarked upon a
partnership when the original Redevelopment Plan was adopted in 1983. In 1991
the Agency was nearing its projected debt cap and an amended Plan was adopted in
1993 to ra i se the fi nanc i a 1 cap from $480 milli on to $3.5 bi 11 ion. PUSD has
recei ved $4.5 mill i on to fund projects in the amended Plan. The next major
infusion of cash through sale of bonds is expected in fiscal year 1997-98.
(203-22R)
ROUNDTABLE DISCUSSION
The City Council and Board of Trustees discussed: lights at Tierra Bonita School,
the push from the sports community to have them and the opposition of the
neighborhood; whether the City could benefit from community service hours
required from high school students; volunteer opportunities at the new library
for students; City sponsorship of the 24 Hour Relay at Poway High School; and
parking enforcement during events at the schools. Trustee Mangum volunteered to
act as liaison between the City and the District for the 24 Hour Relay
coordination.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following person was present wishing to speak:
Susan Sheldon, 13411 Starridge, suggested that technology linking is needed
with the new library, the school district and the City. Superintendent Reeves
stated the school district is exploring becoming a hub for the InterNet and home
pages are being developed for each school.
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JUL 11 1995 ITEM 17
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ADJOURNMENT
Upon motion by Councilmember Emery, seconded by Councilmember Cafagna, Mayor
Higginson ordered the meeting adjourned at 9:05 p.m.
Marjorie K. Wahlsten, City Clerk
City of Poway
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5536
JUL 11 1995 ITEM 17
CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
JUNE 20, 1995
The June 20, 1995, regular meeting of the City Council of the City of
Poway, was called to order at 7:02 p.m., by Mayor Higginson at the City Council
Chambers, 13325 Civic Center Drive, Poway, California.
COUNCILMEMBERS PRESENT AT ROLL CALL
Mickey Cafagna, Susan Callery, Betty Rexford, Don Higginson
COUNCILMEMBERS ABSENT AT ROLL CALL
Bob Emery
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
Bob Thomas Director of Community Services
Mark Weston Director of Engineering Services
Reba Wright-Quastler Director of Planning Services
Randy Williams Director of Public Services
Warren Shafer Director of Redevelopment Services
Mark Sanchez Director of Safety Services
Steve Streeter Principal Planner
Peter Moote Deputy Dir. of Administrative Services
PLEDGE OF ALLEGIANCE
Deputy Mayor Callery led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
Mayor Higginson explained the procedure for Public Oral Communications. The
following persons were present wishing to speak:
Larry Cruse, 13734 Utopia Road, suggested agenda reports be made available
in machine readable format at the library. They are going to have a file server
and citizens could access the reports by modem.
Hugh Largey, 11721 Pickford Road, San Diego, stated he is opposed to the
proposed amphitheater.
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JUL 11 1995 naa 17
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CONSENT CALENDAR
Motion by Council member Cafagna, seconded by Council member Callery to approve the
Consent Calendar as follows:
12. Approval of Minutes - City Council
May 23, 1995, Regular Meeting
14. Ratification of Warrant Register for period of May 29-June 2, 1995
(401-10)
15. Approval of a manufactured slope greater than thirty (30) feet in height
at Poway Road and Blue Crystal Trails, MORA 95-21, Robert and Mary Ann
Altaffer, applicants. (203-10)
16. Award of bid for Dead Animal Removal Services to 0&0 Disposal, Inc. in the
amount of $41,022 for fiscal years 1995-96, 1996-97, and 1997-98.
(602-01 #879)
Motion carried 4-0 with Councilmember Emery absent.
ITEM 4 (205-02)
1995-96 FINANCIAL PLAN
Staff report by City Manager Bowersox. This is the second of three meetings to
receive public input and discuss the proposed financial plan for 1995-96.
There was no one present wishing to speak.
Motion by Councilmember Callery, seconded by Councilmember Rexford to continue
the public hearing to June 27, 1995 for adoption of the 1995-96 budget. Motion
carried 4-0 with Councilmember Emery absent.
ITEM 5 (203-08)
CONDITIONAL USE PERMIT 83-01
APPLICANT: IGLESIA NI CRISTO
Mayor Higginson opened the publ ic hearing. Sta ff report by City Manager
Bowersox. In 1983 the City Council approved a Conditional Use Permit for the
establishment of the Congregation of Iglesia ni Cristo at 12730 Elm Park Lane.
The approval included the conversion of an existing structure, which had been
constructed as a neighborhood recreation center into a religious complex and the
construction of a pastoral house. In 1985 the applicants requested an amendment
to the original resolution which would defer the improvement of a neighborhood
pocket park on the property. This request was denied, and since occupancy of the
building in Phase I was contingent on the completion of the park, legal occupancy
was never issued to the church. Between 1984 and 1989 many changes were made to
the interior of the buildings without building permits and a six foot chain link
fence was put up around the property. In April, 1995, the church presented a
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JUL 11 1995 ITEM 17 I
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Page 3 - CITY OF POWAY - June 20, 1995
prototype design to staff and to the neighborhood at a community meeting. It
became apparent that the community was concerned about the existing poor
appearance of the property, the fortress-l i ke effect of the fenci ng and the
unorthodox parking habits of church attendees, as well as the appearance and size
of the proposed new building. Staff scheduled this public hearing to discuss
modification or revocation of Conditional Use Permi t 83-01. Meanwh i 1 e the
congregation has agreed to come forward with an appl ication for a new Conditional
Use Permit for a new building by August 7, 1995. They will tear down the
existing building. Staff recommends continuing this public hearing to August 22,
1995 at which time the original conditions of approval will be satisfied or CUP
will be declared null and void and zoning enforcement action will be initiated.
Speaking in opposition to staff recommendation:
Glenn Groth, 687 Riveria, Vista, architect
Pastor Palacus, 1527 Crone Anaheim
Joven Rosquites, 1617 Southgate, Daly City
Teddy Samson, Jr., 141 N. Union Avenue, Los Angeles, finance officer for
the Iglesia de Cristo.
Ben Dela Paz, 13416 Utopia Road, resident minister
Florentino Quiaot, 412 W. 231st, Carson, civil engineer
Frank Sipan, 13356 Carriage Heights
Jan Trobaugh, 2420 Carson Street, Torrance
Speakers stated the mother church in the Philippines has allocated funds to build
the new structure and all other necessary improvements. They are proposing a
sanctuary seating 400 and 200 parking spaces.
Speaking in favor of staff recommendation:
John Deeks, 13351 Silverlake
Teresa Bertino, 13340 Silverlake Drive
Kent Murdoch, 13429 Silverlake Drive
Speakers cited the long history of problems of with the church and its members
including 12 years of non-compliance with the existing CUP. Problems impacting
the neighborhood include loud noise, often until late at night, trash, and on-
street parking.
Council concurred that the City "bends over backwards" to assist churches, but
12 years of non-compliance is too long to not even meet basic conditions.
Director of Planning Services Wright-Quastler stated that staff has been
extremely frustrated in trying to work with them, but there has been a change in
local church leadership in the past year and they are being more cooperative.
City Attorney Eckis stated that if the City Council revokes the existing CUP the
Church cannot legally meet on the site. It appears they are ready to build a new
church and it would be appropriate to determine what conditions should be imposed
as an interim measure in order to continue this until August.
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JUL 11 1995 ITEM 17
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Motion by Councilmember Callery, seconded by Councilmember Cafagna to continue
this public hearing to June 27, 1995 in order for staff to meet with the
neighbors and the applicant and prepare a list of conditions that could be
complied with before they apply for a new Conditional Use Permit. This would
demonstrate the church be a good neighbor. Motion carried 4-0 with Councilmember
Emery absent.
ITEM 6 (203-11)
GENERAL PLAN AMENDMENT 95-01A
HEIGHT IN SOUTH POWAY COMMUNITY PLAN
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. There have been several inquiries from industrial uses
that require buildings higher than 35 feet in order to accommodate automated
warehousing and inventory retrieval systems. The General Plan currently
prohibits buildings over 35 feet. Staff proposes an amendment to Strategy I.F.4
to allow structures in the South Poway Community Plan area to exceed 35 feet in
height.
Speaking in opposition to staff recommendation:
Charles McLauchlan, P.O. Box 12
Gail Trunnell, 13314 Neddick Avenue
Larry Cruse, 13734 Utopia Road
Bea Reuel, 13710 Paseo Bonita
Patty McKinney, 13760 Calle Seco
Speakers cited concerns regarding visibility of higher buildings from the valley.
Staff pointed out that the applications would be reviewed on a case by case basis
by the City Council through the development review process.
Motion by Councilmember Cafagna, seconded by Mayor Higginson to issue a Negative
Declaration and continue this public hearing to June 27, 1995 for final action
in conjunction with General Plan Amendment 95-01B. Mot ion carri ed 4-0 wi th
Councilmember Emery absent.
ITEM 7 (203-21)
SPECIFIC PLAN AMENDMENT 84-01Y
Mayor Higginson opened the public hearing. Staff report by Director of Planning
Services Wright-Quastler. This is an amendment to the South Poway Specific Plan
to incorporate various clarifications and amendments, including:
1. Amendment of the 1 ist of permitted uses to establ ish regulations concerning
outside storage uses, contractors yards, auction houses, truck or automobile
fleet storage, pushcarts, and temporary sand and gravel aggregate processing
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JUL 11 1995 ITEM 17
Page 5 - CITY OF POWAY - June 20, 1995
facil ities. Outside storage uses would be allowed on specific lots chosen for
their visual impacts. Sand and gravel facilities would facilitate development
by allowing rocks from grading operations to be crushed into aggregate that can
be used on-site for road base or other uses which minimizes truck traffic to and
from the site.
2. Cl ari fi cat i on that 1 and des i gnated as OS (1 du) wi 11 be subject to the RR-A
zone standards. Prior to the revisions to the large animal ordinance, standards
were the same for all RR zones. However, there is now a difference and it is
appropriate that any dwelling unit constructed on OS zoned land meet the RR-A
standards.
3. Establishment of a maximum height for structures of 45 feet rather than 35
feet as is currently allowed. This is a companion action to Item 6 on this
agenda which would amend the General Plan.
4. Amendment to and/or clari fi cat i on of development standards concerni ng
parking in commercial areas, equipment screens, setbacks, driveway width and
fencing.
5. Redesignating parcel 317-8IO-08, at the northeast corner of Daniel son
Street and Nelson Drive from LI (Light Industrial) to SPC (South Poway
Commercial). This parcel contains the Parkway Business Centre office building.
6. Incorporating maps which reflect changes that have been made to the
circulation system and identifying the location of various land use designations
on maps reflecting these changes. This will modify Volume I to incorporate maps
showing the deletion of the Midland Road extension to the Scripps Poway Parkway
and include other exhibits.
7. Incorporating standard safety conditions and criteria for temporary or
partial occupancy of commercial/industrial buildings.
8. Miscellaneous revisions to Volume 2, Development Standards to incorporate
various amendments that have occurred over the past ten years including the
deletion of many references and exhibits pertaining to landscaping in favor of
referral to the City's Landscape Guidelines.
Speaking in opposition to staff recommendation:
Charles McLauchlan, P.O. Box 12, stated these revisions do not take into
consideration the needs of all the property owners in the business park.
Speaking in favor of staff recommendation:
Carey Shultz, AnyTime Towi ng, I3939 Poway Road, who plans to locate a
vehicle storage facility in the business park if this item is approved.
Motion by Councilmember Cafagna, seconded by Councilmember Rexford to state
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intent to issue a Negative Declaration and approve Specific Plan Amendment 84-0IY
and continue to June 27, I995 for final action to coincide with General Plan
Amendment 95-0IA. Motion carried 4-0 with Councilmember Emery absent.
ITEM 8 (701-04)
ORDINANCE NO. 447/FIRST READING
SPEED LIMITS ON MARTINCOIT ROAD
Mayor Higginson opened the public hearing and read the title of Ordinance No.
447, "An Ordinance of the City of Poway, California Adding to Section 10.32.020
of the Poway Municipal Code Establishing Speed Limits on Martincoit Road from
Espo 1 a Road to Stone Canyon Road." Staff report by Di rector of Engi neeri ng
Services Weston. Because of difficulties in enforcing existing posted speed
limits, the Sheriff's Department requested an updated review of speed limits on
Mart i ncoi t Road. Staff has completed updated engineering and traffic surveys and
presented the findings to the Traffic Safety Committee. They recommend a 30 MPH
speed limit from Espola Road to Rostrata Road and 35 MPH from Rostrata Road to
Stone Canyon Road.
Speaking in favor of staff recommendation:
Jim Seifert, I6344 Martincoit Road, suggested additional signage indicating
the steepness of the grade and a three-way stop at Stone Canyon and Martincoit.
Motion by Council member Callery, seconded by Council member Cafagna to waive
further reading of Ordinance No. 447 and continue the public hearing to July II,
I995 for second reading. Motion carried 4-0 with Councilmember Emery absent.
Mot i on by Council member Call ery, seconded by Council member Cafagna to adopt
Resolution No. 95-050, entitled, "A Resolution of the City Council of the City
of Poway, California Rescinding Resolution No. 83-074 Establishing Speed Limits
on a Segment of Martincoit Road." Motion carried 4-0 with Councilmember Emery
absent. This resolution will become effective on August IO, I995 when Ordinance
No. 447 becomes effective.
RECESS AND CAll TO ORDER
Mayor Higginson recessed the meeting at 9:27 p.m. and called it back to order at
9:40 p.m. with all Councilmembers present except Councilmember Emery who was
absent from the meeting.
ITEM 9 (405-02)
ASSESSMENT DISTRICT 79-1
ADVANCE RETIREMENT OF BONDS
Staff report by Di rector of Engi neeri ng Services Weston. Assessment District No.
- 79-I was created by the City in I9Bl to fund a water system for properties in the
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vicinity of Poway and Espola Roads. The bonds are being redeemed in installments
collected on the County tax rolls for 15 years, ending in I997. Based on County
zoning at the time of the District's formation it was projected that I52 dwelling
units could have been developed and served with water. Under the General Plan
adopted in 1983, that number was reduced to 110. Sixteen properties on Donart
Dri ve outs i de the western boundary of the Di strict have had water pressure
problems for many years. Also, owners of property outside the eastern boundary
desire water service for a maximum of 19 lots. These two areas cannot be served
from the system built by the Assessment District funds until the bonds are paid
off. There are currently sufficient reserves in the bond fund to payoff the
bonds. Staff proposes the properties on Donart Drive already receiving water
service will be connected to AD 79-1's system at no cost, other properties will
be assessed a special water service fee for utilizing District facilities. These
fees will be rebated to the Assessment District owners.
Speaking in favor of staff recommendation:
Diana Augustine, 17200 Dos Amigos Way, requested the Council approve the
original proposal by staff which would give the large lot owners an extra rebate
because they have lost potential lots for development.
Jim Francis, 14623 Sunrise Canyon Road
John Greenwood, 14545 Cedar Ridge Court
Motion by Council member Cafagna, seconded by Council member Callery to adopt
Resolution No. 95-051, entitled, "A Resolution of the City Council of the City
of Poway Approving the Advance Retirement of Bonds for Assessment District 79-1";
approve the disbursement from the AD 79-1 Reserve and Construction funds to pay
the rema in i ng bond ob 1 i gat i on and refund the remain i ng fund balance to the
property owners; find that additional capacity exists in AD 79-1 water system to
provide service to 35 dwelling units outside the current district boundaries;
appropriate $159,400 from Water Fund to complete the expansion of water system
to 35 additional lots and corresponding rebates to current property owners in the
District; direct staff to prepare a resolution for Council adoption establishing
the water service fee for properties not currently connected to the public water
supply located outside of the District in order to recover monies advanced from
the water fund reserves. Motion carried 4-0 with Councilmember Emery absent.
ITEM 10 (405-01R)
1995 REFUNDING CERTIFICATES OF PARTICIPATION
POWAY ROYAL MOBILE HOME PARK - 1991 COPS
Staff report by Director of Redevelopment Services Shafer and Director of
Administrative Services Stewart. The City issued Certificates of Participation
in the amount of $28,300,000 in January, 1991 to fund the acquisition and
improvement of Poway Royal Mobile Home Park. The Poway Redevelopment Agency
acquired the mobile home park and leases it to the City. The City makes lease
payments to the Agency equivalent to annual debt service on the COPs. The City
operates the mobile home park, collects rents, and pays all operating costs and
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JUL 11 1995 ITEM 17
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the lease payment from rent proceeds. The City Council has approved taking steps
to stabil i ze the rents and staff is pursuing three courses of action:
refinancing the bonds; establ ishing affordable housing covenants for fi fty
spaces; and entering into resale agreements with the tenants which enables a CPI
based rental schedule. The actions recommended under this item will refinance
the bonds. The maturity schedule will be extended for five years but there will
be $3,000,000 in savings in the first 10 years.
Speaking in opposition to staff recommendation:
Sylvia Nicpon, 13325 Buena Vista, President of the Poway Royal Homeowners
Associat ion
Motion by Council member Callery, seconded by Council member Cafagna to adopt
Resolution No. 95-052, entitled, "A Resolution of the City Council of the City
of Poway Authorizing the Preparation, Sale and Deli very of not to Exceed
$32,000,000 Principal Amount of 1995 Refunding Certificates of Participation
(City of Poway Capital Improvement Projects - Poway Royal Mobile Home Park) And
Approving Certain Documents and Authorizing Certain Actions in Connection
Therewith," approving the Trust Agreement, the Escrow Agreement, the Prel iminary
Official Statement, the Bond Purchase Agreement, the Lease Agreement, the Site
Lease, the Assignment Agreement, and the Special Counsel Agreement, and direct
staff to complete the transaction only if interest rates remain low and there
continues to be a financial gain. Motion carried 4-0 with Councilmember Emery
absent.
ITEM 11 (405-01R)
1995 REFUNDING CERTIFICATES OF PARTICIPATION
SWIM CENTER. PERFORMING ARTS CENTER 11986 COP}
Staff report by City Manager Bowersox. The City issued Certificates of
Participation in the amount of $10,000,000 in 1986 to fund the construction of
the swimming pool, performing arts center and Valle Verde Park. By refunding now
the Agency will be able to obtain lower interest rates than are currently being
paid for debt service which would mean an annual savings of approximately
$100,0000, or $2,290,000 over the life of the issue. It does not extend the life
of the original issue.
Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution
No. 95-053, entitled, "A Resolution of the City Council of the City of Poway
Authorizing the Preparation, Sale and Delivery of not to Exceed $10,000,000
Principal Amount of 1995 Refunding Certificates of Participation (1986 Capital
Improvement Projects) and Approving Certain Documents and Authorizing Certain
Actions in Connection Therewith," approving the Trust Agreement, the Escrow
Agreement, the Preliminary Official Statement, the Bond Purchase Agreement, the
Lease Agreement, the Site Lease, the Assignment Agreement, and the Special
Counsel Agreement; and direct staff to complete the transaction only if interest
- rates remain low and there continues to be a financial gain. Motion carried 4-0
with Councilmember Emery absent.
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JUL 11 1995 ITEM 17
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ITEM 11.1 (602-01 #1077)
AFFORDABILITY COVENANTS
POWAY ROYAL MOBILE HOME PARK
Staff report by Director of Redevelopment Services Shafer. Another part of the
attempts at rent affordability at Poway Royal Mobile Home Park is the placing of
affordability covenants on some spaces in the Park. The majority of Park
residents are very-low, low or moderate income households. It is being proposed
that the Agency would pay $2.1 million to the City for a guarantee that a minimum
of 50 mobile home spaces are reserved as affordable housing, as defined by State
statute, for a period of 30 years. These spaces are not fixed, but float as
needed.
Mot i on by Counc il member Callery, seconded by Council member Cafagna to adopt
Resolution No. 95-054, entitled, "A Joint Resolution of Agreement of the City
Council of the City of Poway and the Poway Redevelopment Agency Relating to the
Acqu is i t i on of an Affordable Hous i ng Covenant (Poway Royal Mobil e Home Park)."
Motion carried 4-0 with Councilmember Emery absent.
ADJOURNMENT
Mayor Higginson adjourned the meeting at 10:20 p.m. on motion by Councilmember
Cafagna, seconded by Councilmember Callery.
Marjorie K. Wahlsten, City Clerk
City of Poway
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