Item 7 - 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~lt
Marjorie K. Wahlsten, City Clerk
DATE: November 14, 1995
SUBJECf: Approval of Minutes
ABSTRACf
The Minutes of the October 17, 1995 regular meeting and October 24, 1995 cancelle~
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 October 17 and 24, 1995.
ACfION
II
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NOV 14 1995 ITEM 7
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CITY OF POWAY, CALIFORNIA
MINUTES OF THE CITY COUNCIL REGULAR MEETING
OCTOBER 17, 1995
The October 17, 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
Bob Thomas Director of Community Services
Mark Weston Director of Engineering Services
Reba Wright-Quastler Director of Planning Services
Randy Wi 11 i ams Director of Public Services
Warren Shafer Director of Redevelopment Services
Steve Streeter Principal Planner
Mike Robinson Traffic Engineer
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:
Susan Sheldon, 13411 Starridge Street, asked the City Council to reconsider
covering the creek channel on the library site.
Diana Kawamoto, 12706 Robison Blvd., asked the City Council to reconsider
placing a park on Lot 100 of Golden City, Unit 1 which is the property currently
owned by the Iglesia ni Cristo. She read from documents that she stated gives
her a vested right in that property.
Bill Barnick, 14645 Sunrise Canyon Road, spoke about the roofs in his
subdivision and stated the specifications were changed by Esgil Corporation and
they are at fault for defects.
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NOV 1 4 1995 ITEM 7
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CONSENT CALENDAR
Councilmember Cafagna stated he would disqualify himself from voting on Item
16.2. Mot i on by Council member Emery, seconded by Council member Call ery to
approve the Consent Calendar as follows:
9. Approval of Minutes - City Council
September 26, 1995, Regular Meeting
II. Ratification of Warrant Register for period of September 25-29, 1995
(401-10)
12. Adoption of Resolution No. 95-111, entitled, "A Resolution of the City
Counc il of the City of Poway, Cal ifornia Establ i shing No Stopping,
Standing, or Parking Zones on Apache Road," south side, west of Midland'
Road, and that street widening be required with the next review of the
church's Conditional Use Permit. (1163-01 )
13. Approval of Donation of 1985 Chevrolet Caprice to the Sheriff's Department
for use by the Senior Volunteer Patrol Program. (1180-05)
14. Approval of Final Map for Tentative Parcel Map 95-03, Tech Business
Center, applicant; a two parcel subdivision of a 32.5 acre parcel located
at the northeast corner of Tech Center Drive and Kirkham Way, bordered by
Scripps Poway Parkway on the north. (203-02)
15. Accept the bid withdrawal of Interwest Pacific Ltd., and award the bid
for Drainage Improvements for Avenida Florencia and Willow Run Road
(1418/1420) to Carolyn E. Scheidel-Contractor in the amount of $206,195.
(602-01 #1104)
16. Award of bid for live trout to Whitewater Trout Company in the amount of
$69,440. (601-03)
16.1 Approval of Cooperative Agreement with the County of San Di ego for
inspection and materi a 1 s testing on the Scri pps Poway Parkway East
project. (602-01 #1103)
16.2 Continue the award of bid for construction of Del Poniente Sewer Line,
Phase I, to October 31, 1995. (601-03)
Motion carried unanimously with the exception of Counc i 1 member Cafagna
disqualified on Item 16.2
ITEM 4 (1401-14)
BLUE SKY ECOLOGICAL RESERVE
BICYCLE ADVISORY COMMITTEE
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Item introduced by City Manager Bowersox. Staff report by Director of Community
Services Thomas. On November 15, 1994, the City Council approved a cooperative
agreement with the State Department of Fish & Game to conduct a six month trial
period for bicycle access into Blue Sky Ecological Reserve. The agreement
stipulated that an advisory coordinating committee composed of interested parties
would be formed to evaluate the results of the trial period and advise the City
and the State on future bicycle use in the Reserve. The Advisory Committee has
voted to recommend that bicycle access be prohibited because of impacts on
wildlife and failure of some bicyclists to strictly adhere to the rules of
conduct.
Speaking in favor of staff recommendation:
Brian Swanson, 9065 Danube, San Diego, representing Friends of Los
Penasquitos Canyon Preserve
Louise Fiorillo, State Fish & Game
Anna Gately-Stanton, 9926 Backer, San Diego, Secretary of Friends of Blue
Sky Canyon
David Stanton, 9926 Backer, San Diego, Treasurer of Friends of Blue Sky
Canyon
Robert Turner, 12645 Calma, San Diego, Blue Sky volunteer
Patty Heyden, 13226 Fred Road, volunteer biologist at Blue Sky
Richard Roedell, 15094 Avenido Venusto, Blue Sky volunteer
Alan Toretto, 14661 Dash Way, Poway High School Biology teacher
Robert Patton, Blue Sky Reserve Supervising Park Ranger
Speaking in opposition to staff recommendation:
Stephen Garvin, 17495 Fairhope, San Diego
K. C. Butler, 13930 Sagewood
Terry Callan, 14753 Carlson, Blue Sky Bike Patrol coordinator
DeAnne Eri ckson, 15051 Vali Hai, Chairperson of the Parks & Recreation
Committee and Trails Subcommittee
Robert Coates, 14341 York
Council discussed the intent of the preserve and the policy of banning certain
segments of the public. Councilmember Cafagna stated he feels it should be open
to all segments. Councilmember Callery stated Blue Sky is a reserve, not a park
and no other reserves in the State allow bicycle access. Mayor Higginson stated
that no matter what the City Council decides, the final decision will be made by
the State.
Mot i on by Counc il member Ca 11 ery, seconded by Mayor Higginson to adopt staff
recommendation. Motion carri ed 4-1 wi th Council member Cafagna voting "no."
ITEM 5 (602-01 #1042)
HIGH ACCIDENT LOCATION PROGRAM
Item introduced by City Manager Bowersox. Director of Engineering Services
Weston highlighted the accomplishments of the Traffic Engineering Division, in
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part as a result of the 1993 Hughes Heiss Management Study. The latest project
to be completed was the High Accident Location and Analysis Program which
combined a Geographic Information System with an accident database which can
analyze conditions in minutes. The City has one of the best traffic safety
records in the State and has completed many of the projects with grant funds.
Council concurred to accept the report.
ITEM 6 (1110-01)
GARDEN ROAD RESIDENT REQUEST
FOR INFORMATION ON SCRIPPS POWAY PARKWAY
Staff report by City Manager Bowersox. At the October 3, 1995 City Council
meeting, residents from the Garden Road area requested a neighborhood meeting to
discuss construction scheduling for Scripps Poway Parkway easterly extension:
Staff has scheduled a meeting for Thursday, October 26 at Garden Road School.
The construct i on contract was awarded to Signs & Pi nni ck and brushi ng is
scheduled to begin next week,
Speaking in favor of staff recommendation:
Gail Trunnell, 13314 Neddick Avenue
Randy Wilkins, 14617 Acton Court. Mr. Wilkins stated his office is on
Garden Road and he requested a copy of the maps showing the road alignment that
he can show to residents asking questions.
Councilmember Emery noted that the project is going ahead as bid and the
alignment cannot be changed.
Motion by Mayor Higginson, seconded by Councilmember Callery to direct staff to
conduct a neighborhood meet i ng to advi se the Garden Road res idents of the
construction schedule and activities anticipated for the Scripps Poway Parkway.
Motion carried unanimously.
ITEM 7 (405-01)
1995 WATER REVENUE BONDS
Staff report by City Manager Bowersox. Staff recommends sale of $4,000,000 of
Water Revenue Bonds to finance the water treatment plant upgrade. I n order to
proceed it is necessary for the City Council and Poway Public Financing Authority
to adopt a Resolution approving the sale, the Installment Purchase Agreement,
Indenture of Trust Agreement with Bank of America, Bond Purchase Agreement with
Grigsby Brandford, and Bond Counsel Agreement with Stradling, Yocca, Carlson &
Rauth.
Mot i on by Counc il member Emery, seconded by Counc il member Callery to adopt
Resolution No. 95-112, entitled, "Resolution of the City Council of the City of
Poway Approving an Installment Purchase Agreement and an Indenture of Trust,
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Page 5 - CITY OF POWAY - October 17, 1995
Authorizing the Sale, Execut i on and Deli very of Not More than $4,000,000
Principal Amount of Poway Public Financing Authority Revenue Bonds, Series 1995
and Approving Certain Other Agreements and Documents and Authorizing Certain
Actions in Connection Therewith," Motion carried unanimously.
ITEM 8 (405-01)
REFUNDING GENERAL OBLIGATION BONDS
Staff report by City Manager Bowersox, The City has four outstanding voter-
approved general obligation bonds approved by the Poway Municipal Water District
prior to incorporation with a combined outstanding principal of $7,455,000 and
interest rates ranging from 5.75% to 7,5%. Staff recommends 1995 Refunding Bonds
be issued which will result in substantial savings to taxpayers of about 6 cents
per $100 of assessed valuation. Taxes on a $200,000 home for the combined
general obligation bonds would drop from $120 to $40.
Motion by Mayor Higginson, seconded by Councilmember Emery to adopt Resolution
No. 95-113, entitled, "Resolution of the City Council of City of Poway Providing
for the Issuance of 1995 General Obligation Refunding Bonds of Said City {Poway
Municipal Water District Improvement Area} in the Approximate Amount of
$6,300,000," and Resolution No. 95-114, entitled, "Resolution of the City Council
of the City of Poway Authorizing the Preparation, Sale and Delivery of Not to
Exceed $6,300,000 Principal Amount of 1995 General Obligation Refunding Bonds of
City of Poway and Approving Certain Documents and Authorizing Certain Actions in
Connection Therewith." Motion carried unanimously.
ITEM 8.1 (203-21)
INITIATION OF SPECIFIC PLAN AMENDMENT 84-01BB
OUTDOOR STORAGE BY CONDITIONAL USE PERMIT
Staff report by City Manager Bowersox. Staff proposes initiation of an amendment
to the South Poway Specific Plan to allow outside storage on Lots 36, 40, 52, 53
and 54 within Parkway Business Centre by Conditional Use Permit. Director of
Planning Services Wright-Quastler responded to Councilmember Rexford and stated
these lots will be the last that staff will recommend for this type use.
Motion by Mayor Higginson, seconded by Councilmember Callery to adopt Resolution
No. 95-115, entitled, "A Resolution of the City Council of the City of Poway,
California Initiating an Amendment to the South Poway Specific Plan, Specific
Plan Amendment (SPA 84-01BB}." Motion carried unanimously.
ITEM 8.2 (203-07)
TEMPORARY USE PERMIT 95-84
APPLI CANT: ANYTIME TOWING
Staff report by City Manager Bowersox. In order to meet the demands of police
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Page 6 - CITY OF POWAY - October 17, 1995
and automobile towing contracts, Anytime Towing proposes to relocate their towing
operation and temporary storage of impounded vehicles from their Miramar site to
the Parkway Business Centre, Lots 52, 53 and 54. They will be applying for a
Conditional Use Permit once Specific Plan Amendment 84-01BB is approved. Staff
recommends approval.
Mot i on by Council member Cafagna, seconded by Council member Emery to adopt
Planning Resolution No. P-95-59, entitled, "A Resolution of the City Council of
the City of Poway, California Approving Temporary Use Permit 95-84." Motion
carried unanimously.
CITY ATTORNEY ITEMS
City Attorney Eckis requested three closed sessions:
A. Conference with Legal Counsel - Existing Litigation -- S54956.9(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
B. Conference with Legal Counsel - Existing Litigation -- S54956.9(a} Case:
Poway Redevelopment Agency v. Fisher Enterprises
Superior Court Case No. 687121
C. Conference with Legal Counsel - Existing Litigation -- S54956.9(a)
Case: Poway Property Owners Group v. the United States of America
(Babbitt), U,S.District Court #
City Attorney Eckis stated he has joined the City's name to an amicus brief in
the case of City of San Jose v. State of California regarding mandate
reimbursements.
MAYOR AND CITY COUNCIL-INITIATED ITEMS
22A. Councilmember Rexford requested and received City Council concurrence to
direct staff to prepare a letter of support to Senator Lucy Killea for
proposed legislation to require alcohol server intervention training.
This support has been requested by ADAPT.
22B. Councilmember Rexford requested and received City Council concurrence to
prepare a letter of support to Assemblymember Steve Baldwin for AB 1952
which would provide for a penalty for juveniles who possess, transport or
give away marijuana on public school campuses.
CLOSED SESSION
Mayor Higginson called for a closed session at 9:00 p.m. as requested by City
Attorney Eckis.
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Page 7 - CITY OF POWAY - October 17, 1995
CALL TO ORDER AND ADJOURNMENT
Mayor Higginson called the meeting back to order at 9:45 p.m. with all
Councilmembers present. He stated the City Council had instructed the City
Attorney and no report is required. Mayor Higginson adjourned the meeting on
motion by Councilmember Rexford, seconded by Councilmember Callery.
Marjorie K. Wahlsten, City Clerk
City of Poway
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NOV 14 1995 ITEM 7
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CITY OF POWAY, CALIFORNIA
MINUTS OF THE CITY COUNCIL CANCELLED REGULAR MEETING
OCTOBER 24, 1995
COUNCILMEMBERS PRESENT
None
COUNCILMEMBERS ABSENT
Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson
The City Council meeting of Tuesday, October 24, 1995, was adjourned pursuant
to the 1995 Legislative calendar adopted on January 3, 1995.
The next regularly scheduled meeting is October 31, 1995 at 7:00 p.m., in the
City Council Chambers. '
Marjorie K. Wahlsten, City Clerk
City of Poway
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NOV 1 4 1995 ITEM 7
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