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Item 11 - 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 Manage~lt Marjorie K. Wahlsten, City Clerk~~ DATE: December 19, 1995 SUBJEC')::: Approval of Minutes _n_ ABSTRACf The Minutes of the November 21, 1995 cancelled meeting and November 14 and 28, 1995 regular meetin9s 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 November 14, 21 and 28, 1995. ACfION a: e ty\hgh at\eityc:lrk\_genda\m1nute,.t."", DEe 1 9 1995 iTeM 11 .....---. ~-_..------- ----- CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 14, 1995 The November 14, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCIlMEMBERS PRESENT AT ROll CAll Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Hi9ginson 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 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 Alan Fulmer Sheriff's Captain PLEDGE OF AllEGIANCE Deputy Mayor Callery led the Pledge of Alle9iance. PUBLIC ORAL COMMUNICATIONS - Mayor Higginson explained the procedure for Public Oral Communications. The following persons were present wishing to speak: Lorrie Moore, 13807 Powers Road, again requested help from the City Council in fighting the FEMA determination that some of the homes in Poway Valley Homes are in the Pomerado Creek floodplain. Peggy Collette, 13969 Bernadotte Lane, read a I etter from the Poway Taxpayers Coalition regarding the proposed community survey. Sylvia Nicpon, 13325 Buena Vista, stated she had heard on KSDO that a Swiss Bank had frozen the County Investment Pool and asked how much the City of Poway has lost in the pooled fund this year. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Rexford to approve the Consent Calenar as follows: 5669 DEe 1 9 1995 ilcM 11 ,- Page 2 - CITY OF POWAY - November 14, 1995 7. Approval of Minutes - City Council October 17, 1995, Regular Meeting October 24, 1995, Cancelled Meeting 9. Ratification of Warrant Register for period of October 23-27, 1995. (401-10) 11. Approval of purchase of Dynapac-CCI02 Asphalt Roller from RDO Equipment in the amount of $32,421. (601-03) 12. Approval of purchase of 1250 Brush Chipper from Vermeer-California in the amount of $21,144.63. (601-04) 13. Receive and file 1995 Summary of legislation on positions taken by the City Council on various bills. (701-11) 13.1 Replacement of defaulted contractor, G. F. Bledsoe Construction, Inc. With Randazzo Construction Co., for Weingart Senior Center Expansion Project, as proposed by Washington International Insurance Co., Bonding Company. (602-01 #224R)- Motion carried unanimously. ITEM 4 (203-24) MINOR CONDITIONAL USE PERMIT 95-05 APPLICANT: ENVIRONMENTAL PRODUCTS CORP. Mayor Higginson opened the public hearing. Staff report by City Manager - Bowersox. This is a request to place a recycling center at the rear of the Target Store at 14837 Pomerado Road. This facility will take the place of reverse vending machines that have been in front of Lucky Store in order to meet the requirements of State law that there be a recycling center within V. mile of any retail outlet selling beverages in containers with deposits on them. Staff recommends approval. Speaking in opposition to staff recommendation: Constance Griffin, 12655 Gate Drive, stated this would be a chance for the Poway High Band to do the recycling and noted some legislation going into effect in January, 1996 regarding manned recycling centers. Roy Moreau, 16967 Cresta Drive, San Diego, representing the Poway High Band Boosters, requested a two weeks continuance to determine where they fit in the new regulations. Motion by Councilmember Emery, seconded by Councilmember Callery, to continue Minor Conditional Use Permi t 95-05 to November 28, 1995. Mot i on carri ed unanimously. 5670 DEe 1 9 1995 ITEM 11 ------.--,.----_.__._--_._-~_.~._-_._------_._-~-'--- ._---~--_. Page 2 - CITY OF POWAY - November 14, 1995 ITEM 5 (1402-02) RATTLESNAKE CREEK/LIBRARY SITE Staff report by City Manager Bowersox. On October 17, 1995 Susan Sheldon requested the City Council reconsider the drainage improvements for the library site. On May 23, 1995, staff had presented four alternatives for Rattlesnake Creek across the site. Counc i 1 selected Alternative "D" which i ncl uded a concrete box culvert from Poway Road to the future extension of Tarascan Road and then a naturalized open channel to connect with the open channel improvements at Community Park. These improvements will flood proof the library site and allow for the least costly extension of Tarascan Road. They also allow for the creation of more usable land around the library. Approximately $50,000 has been spent to date on engineering the approved drainage improvements. Staff recommends that no changes be made. Speaking in opposition to staff recommendation: - Larry Cruse, 13734 Utopia Susan Sheldon, 13411 Starridge Street Lynnette Perkes, 15832 Lime Grove Road Council concurred to receive and file the report. ITEM 6 (1503-03 ) MUTUAL AIO AGREEMENT WITH - SAN DIEGO COUNTY WATER AUTHORITY Staff report by City Manager Bowersox. The City has no alternate source of treated water to supply its customers beyond the storage in reservoirs if the water treatment plant operation were interrupted due to an emergency or disaster situation. Staff recommends the City pursue a two-way flow connection to the San Diego County Water Authority treated water pipeline. Mot i on by Counc i I member Emery, seconded by Council member Callery to autori ze staff to continue discussions with SDCWA to define the project scope, design and cost of such a connection and bring back a mutual aid agreement for approval. Motion carried unanimously. ITEM 6. 1 (209-01) LONDON GROUP PHASE I REPORT SOUTH POWAY BUSINESS PARK Staff report by City Manager Bowersox. On August I, 1995, the City Council directed staff to retain a real estate marketin9 firm to better understand what 5671 DEe 1 9 1995 ITEM 11 - Page 4 - CITY OF POWAY - November 14, 1995 options may exist and their market possibilities for the South Poway Business Park. The information will enable the City to better evaluate any proposal received for alternate land uses and determine whether the City wants to initiate any land use modifications. Gary London presented the Phase I report which is the preliminary evaluation of candidate land uses. Phase II will narrow the options and 9ive detailed economic analysis. Phase III will give recommendations. These reports will be presented in a few weeks. The findings of the Phase I study indicate that industrial, research and development, commercial office, transient commercial, auto dealers, a gol f course, and water park shoul d be studied in greater deta il . Not recommended for further study are repair, maintenance and storage yards, theme parks, and retail uses. Councilmember Rexford asked if a golf course could stand on its own without an associated hotel. Mr. London replied that it could. Allen Boothe, 14949 Driftwood Creek Road, El Cajon, representing the proposed Poway Junction project, stated they still believe in their project. - Mayor Higginson stated he has no strong desire for staff to be courting a theme park. Council concurred to receive and file the report. ITEM 13.1 (602-01 #224R) REPLACEMENT OF DEFAULTED CONTRACTOR WEINGART SENIOR CENTER EXPANSION - Mayor Higginson noted that this item was approved under the Consent Calendar, however Connie Brock, Executive Director of the Poway Valley Senior Citizens, has asked to speak. Ms. Brock thanked the City Council for their support. She noted that they have concern regarding their financial future since bingo income has dropped dramatically during construction and they are running out of reserves. MAYOR AND CITY COUNCIL-INITIATED ITEMS 17. Councilmember Callery noted that her item regarding a South Poway Business Park Project Review Panel had been continued from November 7 in order for all Counc il members to be present. She presented a revi sed list of committee functions and composition. She stated it is not be a Planning Commission but merely a means to obtain accurate and clear-cut information on the potential impacts of prospective projects in the Business Park. Speaking in favor of Councilmember Callery's proposal: 5672 DEe 1 9 1995 ITEM 11 ------- w_u ---- Page 5 - CITY OF POWAY - November 14, 1995 Bea Reuel, 13710 Paseo Bonita, Lomas Verdes Homeowners Kathleen Mulea, 13333 Racquet Court, Garden Road Association Jerry Hargarten, 13622 Orchard Gate Road, Green Valley Civic Assoc. Randy Wilkins, 146178 Acton Court, Garden Road Association 8ill Rickles, 13725 Utopia Road, Southwest Poway Homeowners Assoc. Councilmember Emery stated that, although he supports the concept, his concern is that not all geographical areas of the City are represented, and the membership comes from non-elected groups. He requested a written response from the City Attorney regarding how this panel will fit into the pUblic hearing and approval process. City Attorney Eckis stated the City Council needs to determine if they would like this group to be structured to be subject to the Brown Act and Political Reform Act. Motion by Counc i 1 member Callery, seconded by Councilmember Emery to continue this item to November 28, 1995. Motion carried unanimously. ADJOURNMENT - Mayor Higginson stated that he would adjourn the meeting in memory of Councilmember Rexford's mother-in-law, Carmella Rexford, who died recently. The City Council extended their condolences to the Rexford family. The time of adjournment was 8:40 p.m. - Marjorie K. Wahlsten, City Clerk City of Poway 5673 DEe 1 9 1995 ITEM 11 - CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL CANCEllED REGULAR MEETING NOVEMBER 21, 1995 COUNCILMEMBERS PRESENT None COUNCILMEMBERS ABSENT Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson The City Council meeting of Tuesday, November 21, 1995, was adjourned pursuant to the 1995 legislative calendar adopted on January 3, 1995. The next regularly scheduled meeting is November 2B, 1995 at 7:00 p.m., in the City Council Chambers. Marjorie K. Wahlsten, City Clerk - City of Poway - 5674 DEe 1 9 1995 ITEM 11 - --------------.-~_.._.-"----_._--_._-~-------_.~_._.~---_. CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 28, 1995 The November 28, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:03 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 Dan Grindle Acting 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 Williams Director of Public Services Mark Sanchez Director of Safety Services Alan Fulmer Sheriff's Captain Peter Moote Deputy Dir. of Administrative Services Penny Riley 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: Fran Colling, 13340 Alpine Drive, Vice President of Poway Royal Homeowners Association, requested the City Council remove Linda Oravec from the Housing Commission because of her libelous and scandalous remarks about the Homeowners Association. (701-09) Richard Ludwig, 12720 Metate Lane, stated he had attended a tour of the Tustin Marine Corps Air Station. The Marines will be flying in San Diego County on December 7 and 8 along the proposed corridors for their future operations. Fred Day, 13929 Olive Mesa Court, Executive Director of the Chamber of Commerce, wished the City a Happy 15th Birthday. 5675 DEe 1 9 1995 ITEM 11 - Page 2 - CITY OF POWAY - November 28, 1995 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Cafagna to approve the Consent Calendar as follows: 9. Approval of Minutes - City Council October 31, 1995, Regular Meeting 11. Ratification of Warrant Register for period of October 30-November 3, 1995 and November 6-10, 1995. ( 401-10) 12. Adoption of Resolution No. P-95-61, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 95-B3", for the Holiday Street Fair sponsored by the Chamber of Commerce, on Sunday, December 3, 1995 from 10 a.m. to 4 p.m. on Midland Road between Adrian and Edgemoor Streets. (203-07) 13. Appropriation of $6,500 to update sound system in City Council Chambers. (401-13) - 14. Approval of temporary water connection for 12310 Kozy Crest Lane, approximately 450 feet west of Pomerado Road; Robin and Nancy Nel son, applicants. (1204-04) 15. Approval of one year extension to contract with Group Delta Consultants, Inc. for geotechnical services. (601-02, 1/956) 16. Adoption of Resolution No. 95-121, entitled, "A Resolution of the City Council of the City of Poway, California Authorizing the submittal of an - application to the California Integrated Waste Management Board for a 1996-97 Used Oil Recycling 810ck Grant." (401-30) 17. Adoption of Resolution No. 95-122, entitled, "A Resolution of the City Council of the City of Poway Ordering the Summary Vacation of a Grant of easement-access in parcel 1 of Parcel Map No. 15618, City of Poway Tract No. 87-09, Recorded November 8, 1990 as File/Page No. 90-0606311 in the Office of the San Diego County Recorder (Vacation 95-03),. located north of Kirkham Court in the South Poway Planned Community. (1002-06) 18. Approval of City's Investment Report for period ending October 31, 1995. (408-01 ) 19. Resolution No. 95-123, entitled, "A Resolution of Consideration of the City Counc il of the City of Poway, Declaring its Intention to Conduct Proceedings for the Abandonment of Community Facilities District No. 90-1 of the City of Poway (Tech Business Center), the Termi nat i on of the Existing Special Tax of Community Facilities District No. 90-1 and the Termination of the Authority of Community Facilities District 90-1 to I ssue Bonded Indebtedness,. and sett i ng a publ i c heari ng for January 9, 1996. (706-03 ) 5676 DEe 1 9 1995 nEM 11 -.-------- -_._----~--- ---- Page 3 - CITY OF POWAY - November 28, 1995 20. Award of bid, Transit Stop Turnout and Shelter on Midland Road, to Fox Construction in the amount of $64,912.(1644) (602-01 1/1117) 21. Award of bid, Demolition of Western Lumber building, 13137 Poway Road to Whillock Contracting, Inc. in the amount of $19,000. (602-01 #242R) 21.1 Authorization for acquisition of right-of-way and approval of terms of settlement agreement, Fisher Enterprises, Scripps Poway Parkway East project. (602-01 #243R) Motion carried unanimously. COUNCIL SERVICE AWARDS Mayor Higginson presented a one year service award to Councilmember Rexford. three year awards to Councilmembers Cafagna and Callery, and a fifteen year aware to Councilmember Emery. (Councilmember Cafagna left the room.) - ITEM 5 (203-24) MINOR CONDITIONAL USE PERMIT 95-05 APPLICANT: ENVIRONMENTAL PRODUCTS CORP. Mayor Higginson stated this public hearing was continued from November 14, 1995. Staff report by City Manager Bowersox. This is a request to place a recycling center at the rear of the Target Store at 14837 Pomerado Road. This was - continued because of concerns that it would interfere with the Poway High Band Boosters recycling efforts. Staff has met with them and a revised Resolution limiting the center to one 8' x 22' metal container and a storage building/office is presented. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Planning Resolution No. P-95-62, entitled, "A Resolution of the City Council of the City of Poway, California Approving Minor Conditional Use Permit 95-05, Assessor's Parcel Number 314-710-37." Motion carried 4-0 with Councilmember Cafagna out of the room.. ITEM 6 (1170-02 ) SEWER RELATED FEES Mayor Higginson opened the publ ic hearing. Staff report by Ci ty Manager Bowersox. Resolution 94-084 established the criteria for sewer connection fees for general retail, commercial, and industrial Luildings between 2,000 and 10,000 5677 DEe 1 9 1995 ITEM 11 - Page 4 - CITY OF POWAY - November 28, 1995 square feet. Buildings in excess of 10,000 square feet are charged sewer connection fees based on fixture units. This created a situation where a large building could pay less fees than a smaller building because it had few fixtures. The proposed resolution will allow all buildings to pay at a rate of 1 EOU per 2,000 square feet or a fixture count methods, whichever is greater. The proposed resolution also establishes two approaches to calculate capacity and sets fees to reflect the State Board of Equalization's new fees. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-124 entitled, "A Resolution of the City Council of the City of Poway Fixing and Determining Sewer Related Fees: Sewer Connection Fees, North Basin Surcharge, Indirect Benefit Fee, Annexation Fees, Sewer Line Charge, Sewer Extension Line Charge, Inspection, and Construction Fees for Sewer Service; Rescinding Resolution 94-084, Establishing Criteria for Sewer Reservation, and Amending Criteria for Sewer Connections." Motion carried 4-0 with Councilmember Cafagna out of the room. - ITEM 7 (203-14) DEVELOPMENT REVIEW 95-12 APPLICANT: KIRKHAM STOWE. INC. Staff report by City Manager Bowersox. This applicant is not intending to build this building immediately, but rather get the permits in order to be ready to build a 5,475 square foot industrial building on Kirkham Court within the Scenic View Business Park. Staff recommends approval. - Speaking in opposition to staff recommendation: Bill Main, 13129 Woodmont Street, owner of property at 12545 Kirkham Court, stated he has concerns regarding traffic and insufficient parking. Councilmember Emery agreed that parking is a problem in the business park and moved to continue this item to December 12. Staff was directed to bring back a process for reviewing the parking standards. Motion seconded by Councilmember Callery and carried unanimously. ITEM 8 (203-21) INITIATING SPECIFIC PLAN 84-01CC Staff report by City Manager Bowersox. On November 7, 1995, the City Council authorized staff to prepare the initiation of a specific plan amendment to allow truck terminals by conditional use permit rather than as a permitted use. Speaking in opposition to the amendment: 567B DEe 1 9 1995 ITEM 11 - ---.----_.._--~.._--_._--_._---~._-- Page 5 - CITY OF POWAY - November 28, 1995 Neville Bothwell, 12800 Brookprinter, asked why the City Council is considering taking this action when truck terminals are allowed in other industrial parks in the County and requiring a CUP is just another barrier to bringing new companies to our business park. Motion by Councilmember Rexford, seconded by Councilmember Callery, to adopt a Resolution initiating Specific Plan Amendment 8-01CC. Motion failed 2-3 with Mayor Higginson and Councilmembers Cafagna and Emery voting "no." MAYOR AND CITY COUNCIL-INITIATED ITEMS 25A. Councilmember Callery stated she wished to have her item regardin9 the proposed South Poway Panel removed from the calendar. She will bring it back in the future. 26. Councilmember Emery stated he had distributed to the Councilmembers a memo regarding the Cox Cable production of "Poway Turns 15," and requested it be put on the December 5, 1995 agenda under his item for discussion. 27A. Council member Rexford stated that several members of the pub I ic had requested that the public hearing on Iglesia ni Cristo not be held on December 19 since it was so close to Christmas. Council concurred. ADJOURNMENT Mayor Higginson adjourned the meeting at 7:40 p.m. on motion by Councilmember Emery, seconded by Councilmember Callery. MarJorie K. Wahlsten, City Clerk City of Poway 5679 DEe 1 9 1995 ITEM 11