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Item 17 - 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 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 - .: \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. 5527 JUL 111995 ITEM 17 'i - - - Page 2 - CITY OF POWAY - June 13, 1995 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 5528 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 -;--'"~ . 5529 JUL 11 1995 ITEM 17 . - - - Page 4 - CITY OF POWAY - June 13, 1995 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. - 5530 JUL 11 1995 ITEM 17 I Page 5 - CITY OF POWAY - June 13, 1995 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 5531 JUL 11 1995 ITEM 17 I - - _.~.- Page 6 - CITY OF POWAY - June 13, 1995 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. ~- 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. - 5532 3UL 11 1995 ITEM 17 Page 7 - CITY OF POWAY - June 13, 1995 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 5533 JUlll 1995 ITEM 17 - - -- 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) - 5534 ~Ll1~ REM 17 I Page 2 - CITY OF POWAY - June 15, 1995 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. 5535 JUL 11 1995 ITEM 17 - - - Page 3 - CITY OF POWAY - June 15, 1995 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 .- - 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. 5537 JUL 11 1995 naa 17 - - -- Page 2 - CITY OF POWAY - June 20, 1995 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 553B JUL 11 1995 ITEM 17 I -- ---...---------------------------- ---- 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. 5539 JUL 11 1995 ITEM 17 .- - Page 4 - CITY OF POWAY - June 20, 1995 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 5540 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 5541 JUL 11 1995 ITEM 17 - - Page 6 - CITY OF POWAY - June 20, 1995 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 5542 JUL 11 1995 ITEM 17 Page 7 - CITY OF POWAY - June 20, 1995 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 5543 JUL 11 1995 ITEM 17 - - Page 8 - CITY OF POWAY - June 20, 1995 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. 5544 JUL 11 1995 ITEM 17 Page 9 - CITY OF POWAY - June 20, 1995 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 5545 JUL 11 1995 ITEM 17