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Item 9 - Approval of Minutes - AGENDA REPORT SUMMARY - - TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ ~ INITIATED BY: John D. Fitch, Assistant City Manager~1 t DATE: Marjorie K. Wahlsten, City Clerk~ September 26, 1995 SUBJECf: Approval of Minutes ABSTRACf The Minutes of the August 22, 1995 regular meeting and August 29, 1995 cancelled regular meeting have been prepared and are attached for your approval. ENVIRONMENTAL REVIEW Environmental review is not required according to CEQA guidelines. FISCAL IMPACf None ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION It is recommended that the Council approve the minutes of the Poway City Council meetings of August 22 and 29, 1995. ACTION II a:\c ty\l.ghht\c tycll"k\a,_nda\m1nloltu.lloIm SEP 2 6 1995 ITEM 9 --..- -~~.__.- CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 22, 1995 The August 22, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by City Clerk Wahlsten at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Bob Emery, Betty Rexford COUNCILMEMBERS ABSENT AT ROLL CALL Susan Callery, Don Higginson STAFF MEMBERS PRESENT James Bowersox City Manager Marjorie Wahlsten City Clerk Carol Banks Assistant 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 Jim Marmack Sheriff's Captain David Narevsky Redevelopment Manager Patrick Foley Principal Management Analyst Pamela Col by Senior Management Analyst Peter Moote Deputy Dir. of Administrative Services Penny Ril ey Senior Management Analyst SELECTION OF PRESIDING OFFICER City Clerk Wahlsten stated that Poway Municipal Code Section 2.1S.1l0(c) provides for the selection of a presiding officer when the Mayor and Deputy Mayor are absent. Motion by Councilmember Rexford, seconded by Councilmember Cafagna to select Councilmember Emery to serve as Presiding Officer at this meeting. Motion carried 3-0 with Mayor Higginson and Deputy Mayor Callery absent. PLEDGE OF ALLEGIANCE Councilmember Rexford led the Pledge of Allegiance. 5605 SEP 2 6 1995 ITEM 9 ,1 - "- - Page 2 - CITY OF POWAY - August 22, 1995 PUBLIC ORAL COMMUNICATIONS Presiding Officer Emery explained the procedure for Public Oral Communications. The following person was present wishing to speak: Thomas Armstrong, 16474 Espola Road, protested not being allowed to finish hi s presentat i on at the last meeting. He read the rest of his 1 etter to Congressman Cunningham. CONSENT CALENDAR City Manager Bowersox stated that Item 16 was being removed from the calendar. Motion by Council member Rexford, seconded by Council member Cafagna to approve the Consent Calendar as follows: 12. Approval of Minutes - City Council August 1, 1995, Regular Meeting August 3, 1995, Adjourned Regular Meeting 14. Ratification of Warrant Register for period of July 31-August 4, 1995 (401-10) 15. Appointment of Sylvia Palmer-Zetler to the Performi ng Arts Advi sory Committee as the Community Group representative for a one year term beginning September 1, 1995. (701-09) 16. Removed award of bid for the construction of Del Poniente Sewer Line, Phase I, to Interwest Pacific, Ltd. , in the amount of $246,390 from ca 1 endar. (602-01 #1092) 17. Receive and file quarterly Swim Center report. (1401-01) IS. Acceptance of Travel ing Bridge upgrade at water treatment plant from Westmont Industries. (171S) (602-01 #1035) 19. Award of bid for construction of Arbolitos Mini-Park to Court Concepts in the amount of $90,24S.15. (562S) (602-01 #239R) 20. Authorization to purchase replacement Case 5S0L Backhoe in the amount of $54,472 from Contractors Equipment Company via the City of San Diego's bid C4574/95. (601-03) 21. Adoption of Resolution No. 95-098, entitled, "A Resolution of the City Council of the City of Poway Approving the Appl ication for Grant Funds from the California Department of Conservation to Establish an Outdoor Beverage Container Recycl ing Program at Designated City Parks and Bus Stops to Increase Beverage Container Recycl ing and Increase Community Outreach Efforts. (401-30) - 5606 SEP 2 6 1995 ITEM 9 Page 3 - CITY OF POWAY - August 22, 1995 21.1 Adoption of Resolution No. P-95-46, entitled, "A Resolution of the City Council of the City of Poway, California Approving Temporary Use Permit 95-56," Poway Chamber of Commerce app 1 i cant, for a street fair, a car show, and a blue grass concert on Sunday, September 3, 1995, from 7:30 a.m. to 4:30 p.m., on Midland Road between Adrian and Edgemoor Streets in the Old Poway area. ( 203-07) 21.2 Approval of opposition to the proposed outline by Congressman Shuster for the House National Highway System Bill which would implement a 20% across the board reduction in FY 1996 ISTEA (Intermodal Surface Transportation Efficiency Act 1991) program authorizations. (701-11) Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 5 (203-08) CONDITIONAL USE PERMIT 83-01 APPLICANT: IGLESIA NI CRISTO Presiding Officer Emery opened the public hearing. Staff report by Director of Planning Services Wright-Quastler. On June 20, June 27 and July 11, 1995 the City Council heard from both the applicants and surrounding residents concerning the performance of the Iglesia ni Cristo under their existing Conditional Use Permi t and a set of interim conditions was adopted wi th a timetable for completion. Staff recommends Council adopt a Resolution continuing the interim conditions for the church to continue operating under CUP 83-01. Councilmember Cafagna stated he has met with the neighbors and some of them don't want the mini-park required by the CUP, the design of which was approved on August 1, 1995. Speaking in opposition to staff recommendation: Diana Kawamoto, 12706 Robison Cathy Francis, 12724 Robison, presented a poll they had taken regarding the park. She suggested the City spend the money on other neighborhood improvements. Jay Kawamoto, 12706 Robison Speaking in favor of staff recommendation: Melvin Moore, 13344 Carriage Road Glenn Groth, 687 Riviera Ct., Vista, architect for the church Jeff Bertino, 13340 Silverlake Drive Ruby May Justice, 8764 Grass Valley Lane, Santee Teresa Bertino, 13340 Silverlake Drive Art Gamo, 1617 Southgate Avenue, Daly City, attorney for the church Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing. Motion carried 3-0 with Councilmember Callery and Mayor 5607 SEP 2 6 1995 ITEM 9 - - - Page 4 - CITY OF POWAY - August 22, 1995 Higginson absent. Councilmember Emery stated this entire parcel was supposed to be compensating open space for the extremely small lots in the surrounding subdivision and we do not want to cram a park down neighbors' throats but he needs to be convinced that they don't want it. He requested staff recommend how the City Council could determine whether or not there should be a park. Motion by Counc il member Emery, seconded by Counc il member Rexford to adopt Planning Resolution No. P-95-47, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditions of Approval for Iglesia ni Cristo Church, CUP 83-01, Assessor's Parcel Number 317-640-52," amended to stop work on the park until after the September 5, 1995 City Council meeting when they will consider a report from staff regarding their options. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 6 (203-08) CONDITIONAL USE PERMIT 95-06 APPLICANT: AIRTOUCH CELLULAR Presiding Officer Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a cellular telecommunications facility -" at 14624 Tierra Bonita Road, at the top of Kent Hill. This will be west of the dish operated by Cox Cable and the height will not exceed the height of that dish. Staff recommends approval. Speaking in opposition to staff recommendation: David Weeks, 14266 Tierra Bonita, Road Mike Hadjiaghai, 14266 Tierra Bonita Road Speakers expressed concern regarding access to this facil ity across their private road, and the visual impacts. Speaking in favor of staff recommendation: Susan Lay, 3615 Kearny Villa Road, San Diego, representing AirTouch Cell ul ar. She stated this is an unmanned facil ity and will be landscaped on the perimeter. City Manager Bowersox suggested adding a condition that they help pay for road maintenance and repair any damage done during construction. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the publ ic hearing; issue a mitigated Negative Declaration; and adopt Plann i ng Resolution No. P-95-48, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 95-06, Assessor's Parcel -" Number 321-191-11," as amended regarding road maintenance. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. 5608 SEP 2 6 1995 ITEM 9 Page 5 - CITY OF POWAY - August 22, 1995 ITEM 7 ( 401-27) 1995-96 TAX RATES Presiding Officer Emery opened the public hearing. Staff report by City Manager Bowersox. The City has two existing general obligation bond issues for the Sewer Improvement District and Poway Municipal Water District. I n order to collect the amount necessary to pay the principal and interest on these bonds, the City Council is required to annually set a property tax rate. Staff proposes a rate of $0.00203 for the Sewer Improvement Di stri ct and $0.06022 for the Poway Municipal Water District. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Resolution No. 95-099, entitled, "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised for Taxation for the Fiscal Year 1995-1996 for Improvement Districts of the City Formerly Known as Poway Municipal Water District and Pomerado County Water Di stri ct. " Motion carried 3-0 with Counc il member Callery and Mayor Higginson absent. ITEM 8 (701-04) ORDINANCE NO. 451/FIRST READING REDUCING SPEED LIMIT ON TIERRA BONITA ROAD Presiding Officer Emery opened the public hearing and read the title of Ordinance No. 451, "An Ordinance of the City of Poway, California, Amending Section 10.32.209 and Section 10.32.020 of the Poway Municipal Code Reducing Speed Limits on Tierra Bonita Road from Twin Peaks Road to Belvedere Drive." Staff report by City Manager Bowersox. The Traffic Safety Committee reviewed conditions on Tierra Bonita Road south of Twin Peaks Road and found the posted speed limit of 35 MPH does not match the existing ordinance establishing a 40 MPH limit. This Ordinance will correct that discrepancy and set the limit at 35 MPH. There was no one present wishing to speak. Motion by Council member Cafagna, seconded by Counc il member Rexford to wa i ve further reading and continue the public hearing to September 5, 1995 for second reading. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 9 (203-14) DEVELOPMENT REVIEW 95-10 APPLICANT: ROO EOUIPMENT COMPANY Presiding Officer Emery opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 15,390 square foot sales and service 5609 SEP 2 6 1995 ITEM 9 - Page 6 - CITY OF POWAY - August 22, 1995 facility for a construction equipment dealer at the southeast corner of Danielson Street and Parkway Centre Drive in the South Poway Bus i ness Park. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Rexford to close the public hearing and adopt Planning Resolution No. P-95-49, entitled, "a Resolution of the City Council of the City of Poway, Cal ifornia Approving Development Review 95-10, Assessor's Parcel Number 317-280-36," as revised by staff. Mot i on carri ed 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 10 (11S0-05 ) COMMUNITY CONTRIBUTION REQUEST FRIENDS OF BLUE SKY CANYON Staff report by City Manager Bowersox. The Fri ends of Bl ue Sky Canyon have requested a don at i on of $1,200 to fund a start-up 1 i brary for the Bl ue Sky Ecological Reserve. The Department of Fish & Game have requested the return of resource materials currently being used by volunteers and the staff interpretive specialist at 81ue Sky. Staff recommends approval. Speaking in favor of staff recommendation: Allen Feldstein, 12260 Corte Sabio, San Diego Motion by Councilmember Cafagna, seconded by Councilmember Rexford to approve a community contribution of $1,200 to the Friends of Blue Sky Canyon. Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. ITEM 11 (402-05) SPECIAL PERMIT FEE SOLID WASTE COLLECTION Staff report by City Manager Bowersox. This item was continued from August S, 1995. Following discussions with the Poway Unified School District, staff recommends that the fee for special permittees serving other governmental ent it i es be reduced from fi ve percent to two and one-half percent of gross recei pts recei ved for that port i on of the contract servi ng the Poway city 1 imi ts. Motion by Council member Cafagna, seconded by Counc i 1 member Rexford to adopt Resolution No. 95-100, entitled, "A Resolution of the City Council of the city of Poway, California Establishing Special Permit Fees for the Collection of Solid Waste and Recyclables, and Rescinding Resolution No. 90-227." Motion carried 3-0 with Councilmember Callery and Mayor Higginson absent. -- 5610 SEP 2 6 1995 ITEM 9 Page 7 - CITY OF POWAY - August 22, 1995 ADJOURNMENT Presiding Officer Emery adjourned the meeting at 8:20 p.m. on motion by Councilmember Cafagna, and seconded by Councilmember Rexford. It was noted that the regular meeting of August 29, 1995 has been cancelled. Marjorie K. Wahlsten, City Clerk City of Poway 5611 SEP 2 6 1995 ITEM 9 - - - CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL CANCELLED REGULAR MEETING AUGUST 29, 1995 COUNCILMEMBERS PRESENT None COUNCILMEMBERS ABSENT Mickey Cafagan, Susan Callery, Bob Emery, Betty Rexford, Don Higginson The City Council meeting of Tuesday, July 25, 1995, was adjourned pursuant to the 1995 Legislative calendar adopted on January 3, 1995. The next regularly scheduled meeting is August 1, 1995 at 7:00 p.m., in the City Council Chambers. Marjorie K. Wahlsten, City Clerk City of Poway - - 5612 SEP 2 6 1995 ITEM 9