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CC 1991 08-27 CiTY OF PCRL~Y, CALZF~HZA NZHtJTE$ OF' THE CiTY C"QUtlCZL REGULAR NEETiHG &UGU~T ~?, 1991 The August 27, 1991, regular meeting of the City Council of the City of Poway, was called to order at 7:02 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILNE~I)ER$ PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF NEI4BER$ PRESEHT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Mark Sanchez Steve Streeter Garry MacPherson Patrick Foley City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Safety Services Assistant Director of Planning Services DART Program Manager/Battalion Chief Principal Management Analyst PLEDGE OF ALLEGIAHCE Deputy Mayor Emery led the Pledge of Allegiance. PRESEHTATIOH Mayor Goldsmith stated the presentation to Target Stores will be made on September 3, 1991. PUBLIC ORAL CONNUNICATIOH$ Mayor Goldsmith explained the procedure for Public Oral Communications. The following persons were present to speak: Orval Hill, 13001 Bowron Road, urged support of AB 1820 which would move the California primary election from June to March in presidential election years. e Bea Reuel, 13710 Paseo Bonita, requested $900 to provide a quarterly newspaper, Audubon Adventures, to the third graders in Poway schools. Council approved funding for the publication in the fourth and fifth grades last year. She stated the information could be tied into field trips to Blue Sky Ranch. 4298 Page 2 - CITY OF POWAY - August 27, 1991 e Stephanie Starks, 15005 Vali Hal Road, referring to the discussion at the August 20, 1991 City Council meeting, stated she does not feel homosexuality is not an appropriate issue for local government. J Vlcki Lazowski, 14440 Golden Sunset Lane, referring to the discussion at the August 20, 1991 City Council meeting, requested Councilmember Snesko not use the Council meetings as a forum for his religious beliefs. She also protested the tiered water rates. Mayor Goldsmith asked City Manager Bowersox to clarify the water issues that will be discussed at the September 17, 1991 meeting. City Manager Bowersox stated the conservation rebate program, tiered rate structure, implementation date of rate increases, conservation offset/capacity charge, and DART program status are among the items to be presented for discussion. The following speakers protested the tiered water rate structure and their resulting high bills in spite of conservation efforts: Jim Ames, 13774 Rostrata Road Jim Melotti, 15485 Willow Ranch Trail Larry Flickinger, 15456 Mesquite Tree Trail Jerry Halamuda, 15476 Mesquite Tree Trail Chris Graves, 15496 Mesquite Tree Trail Barbara Whitaker, 15466 Mesquite Tree Trail Coreen Gardella, 15467 Mesquite Tree Trail Ronald Perloff, 14065 Willow Ranch Road Rick Smith, 15486 Mesquite Tree Trail William Hamill, 15457 Mesquite Tree Trail DeBora Zangeneh, 15480 Willow Ranch Trail Lyz Barawid, 15475 Willow Ranch Trail RECE~ ANO ~,ALL TO ~RDER Mayor Goldsmith recessed the meeting at 8:09 p.m., and called it back to order at 8:15 p.m., with all Councilmembers present except Councilmember Snesko who was out of the room. CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember McIntyre, to adopt the Consent Calendar as follows: 12. Approval of Minutes - City Council: August 6, 1991, Regular Meeting 14. Ratification of Warrant Registers for August 7, 1991 (FY 90-91), and August 8, 1991 {FY 91-92). 4299 Page 3 - CITY OF POWAY - August 27, 1991 15. Denial of claim for damages from Pacific Bell. 16. Approval of city's investment report dated July 31, 1991. 16.1 Appropriation of $7,0D0 from the general fund for adult crossing guards at various elementary schools. Motion carried 4-0 with Councilmember Snesko out of the room. {Councilmember Snesko re-entered the room at this point in the meeting.) ITEM 5 WATER CONSERVATION OFFSET FEE City Manager Bowersox stated staff is recommending the water conservation offset fee be made a part of the base capacity fee for the purpose of water resource development and will present that report on September 17, 1991. Linda Brannon, city's representative on the San Diego County Water Authority reviewed with the Council the issues currently being addressed on a regional basis and stated the Authority has created a Water Resource Development Committee and will be doing a six month study. Speaking in opposition to the proposed fee: Michael McFarland, 14455 Ipava Drive In response to Council query, City Manager Bowersox stated any fee increase will not affect the projects in the business park covered by development agreements. Councllmember Snesko stated he had talked to a farmer in Arizona who suggested tunneling between the headwaters of the Green, Madison, and Colorado Rivers for a water source. City Manager Bowersox stated that will be posed to the Water Authority for a response. Motion by Councilmember Snesko, seconded by Councilmember McIntyre to direct staff to incorporate the proposed conservation offset fee into the water system base capacity fee for the purpose of water resource development and bring back at a public hearing on September 17, 1991. Motion carried unanimously. ITEM 6 GENERAL PLAN - LAND USE ELEMENT ITEM 7 GENERAL PLAN - HOUSING ELEMENT Mayor Goldsmith opened the public hearing on Item 7. Item 6 is continued from July 30, 1991. Public input can be received on either item or any other portion of the General Plan. 4300 Page 4 - CITY OF POWAY - August 27, 1991 Vicki Lazowski, 14440 Golden Sunset Lane, expressed opposition to accessory units. City Manager Bowersox and City Attorney Eckis explained that accessory units are allowed currently providing they meet the standards. State law requires that they be allowed and gives the cities a list of items they can regulate, including setbacks and design criteria. They are in the Housing Element as a strategy to meet low and moderate income mandates. Stephanie Starks, 15005 Vali Hai Road, requested the City Council move aggressively on a single room occupancy {SRO) hotel. Jack Mitchell, 13894 Putney Road, attorney representing the Palomar/Pomerado Health System, withdrew their letter requesting changes and stated they will continue to meet with staff as they develop a long-range master plan for their facility and apply for any necessary changes in a future General Plan Amendment. DeAnne Erickson, 15051Vali Hai Road, stated opposition to any increases in the city's density by means of accessory units. Betty Rexford, 11570 Creek Road, also stated opposition to accessory units and suggested the city should fight the state's mandates on numbers of new low and moderate income housing units. Bruce Tarzy, 15912 Ranch Hollow Road, also stated opposition to accessory units. Lynnette Perkes, 15832 Lime Grove Road, representing the Poway Civic Association, asked the city to stand up for its local planning rights. Gail Trunnell, 13314 Neddick Avenue, expressed opposition to accessory units and asked the city to stand up for its local planning rights. Jack Tripp, 16054 Stoney Acres Road, representing the Green Valley Civic Association, expressed opposition to accessory units and suggested the city fight the state's mandates. Jerry Hargarten, 13622 Orchard Gate Road, stated the city should not be told how to comply, for example new construction and certain densities for certain income levels. Council discussion included the efforts the city has made to protect existing low and moderate income residents by purchasing the mobilehome parks and their desire to maintain local control. The following motions are direction to staff to change the draft for final adoption on September 24, 1991. Motion by Councilmember Higglnson, seconded by Councilmember McIntyre to remove accessory structures as a strategy from the Housing Element. Motion carried unanimously. 4301 Page 5 - CITY OF POWAY - August 27, 1991 Motion by Councilmember McIntyre, seconded by Councilmember Emery, to add the statement to page VIII-7 that even after meeting the mandates, Poway will remain a "housing rich" city. Motion carried unanimously. Motion by Councllmember McIntyre, seconded by Councilmember Emery, to remove "throughout the community" on page VIII-21 (7). Motion carried unanimously. Motion by Councilmember McIntyre, seconded by Councilmember Higginson to include commercial land in Table VII-16 on Page VIII-21 as well as a discussion of the mixed use concept. Motion carried 4-1 with Councilmember Emery voting "no." Motion by Councilmember McIntyre, seconded by Councilmember Emery, to remove the goal of achieving a jobs/housing balance. Motion carried unanimously. Motion by Councilmember McIntyre, seconded by Councilmember Emery, to change "needed" to "mandated" on page VIII-43. Motion carried unanimously. Motion by Councilmember Emery, seconded by Councilmember Higginson to continue consideration of the General Plan to September 24, 1991. Motion carried unanimously. RECE,~ AND ~.ALL TO ORDER Mayor Goldsmith recessed the meeting at 10:25 p.m., and called it back to order at 10:45 p.m., with all Councilmembers present. ITEM 8 TAX RATES FOR BOND INTEREST & REDEMPTION 1991-92 Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. There are outstanding bond issues from the Poway Municipal Water District and Pomerado County Water District that require a tax rate to be levied. Staff recommends adoption of the Resolution. There was no one present wishing to speak. Motion by Councllmember Higginson, seconded by Councilmember Snesko, to close the public hearing and adopt Resolution No. 91-096, entitled, "A Resolution of the City Council of the City of Poway, California, Estimating the Amount Necessary to be Raised by Taxation for the Fiscal Year 1991-92 for Improvement Districts of the City Formerly Known as Poway Municipal Water District and Pomerado County Water District." Motion carried unanimously. 4302 Page 6 - CITY OF POWAY - August 27, 1991 ITEM 9 ORDINANCE NO. 343 - URGENCY BRUSHING AND GRUBBING Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. On July 16, 1991, the City Council adopted Ordinance No. 341 as an urgency Ordinance to regulate the clearing, brushing, and grubbing of land. It expires 45 days from adoption and this Ordinance will extend that Ordinance and give staff the needed time to complete the comprehensive revision of the city's grading ordinance. Staff recommends approval. Doug Keyes, 6910 Miramar Road, San Diego, asked several questions regarding why this is being adopted and how it will be implemented. Motion by Councllmember Higglnson, seconded by Councllmember Emery, to close the public hearing and adopt Ordinance No. 343, entitled, "An Ordinance of the City of Poway, California, Extending Ordinance No. 341, Amending Chapters 16.40 and 16.44 of the Poway Municipal Code Pertaining to Clearing, Brushing and Grubbing And Declaring the Urgency Thereof." Motion carried unanimously on a roll call vote. ITEM 10 PARTIAL WAIVER POINT LOMA WASTEWATER TREATMENT PLANT Staff report by City Manager Bowersox. Judge Brewster's decision of June 18, 1991 suggested there may be some merit for the City of San Diego to submit an application for a waiver of secondary treatment requirements at the Point Loma Wastewater Treatment Plant. The Clean Water Program Governance Advisory Group requests support from member agencies. Staff recommends approval. Motion by Councilmember Emery, seconded by Councilmember Snesko to endorse the pursuit of a partial waiver from secondary treatment requirements for the Point Loma Wastewater Treatment Plant by the City of San Diego. Motion carried unanimously. ITEM 11 COUNTY TRANSIT BUSES Staff report by City Manager Bowersox. At the August 13, 1991 meeting, Council- member Emery expressed concerns about the condition of the interior of local buses, particularly graffiti. The present buses are due to be replaced in July, 1992 when the present contract expires. The contract allows two one-year exten- sions if the parties can agree on conditions and staff recommends authorization for negotiations with Mayflower Contract Services, Inc. for an additional two year period. One of the conditions would be interiors designed to be resistant to graffiti and vandalism. 4303 Page 7 - CITY OF POWAY - August 27, 1991 Council requested staff pursue natural gas as fuel for the new buses. There is the possibility of a natural gas refueling facility at the Poway Unified School District transportation center on Twin Peaks Road. Motion by Councllmember Emery, seconded by Councilmember McIntyre to approve staff recommendation. Motion carried unanimously. ITEM 11.1 TRAFFIC CONDITIONS - STARRIDGE PARK Staff report by City Manager Bowersox. The Traffic Safety Committee has reviewed a resident request for special parking restrictions in front of the houses on Starridge Street adjacent to Starridge Park. The Committee recommends that staff hold a neighborhood meeting to discuss possible solutions. Council concurred with the Committee's recommendation and to receive and file the report. ITEM 11.2 ANALYSIS OF ASSEMBLY BILL 101 Staff report by City Manager Bowersox. In response to Council's request at the August 20, 1991 meeting, staff has done an analysis of AB 101 and requests direction from Council. AB 101 proposes to amend the Fair Employment and Housing Act so that employment discrimination based on sexual orientation would be prohibited. The bill was amended yesterday to remove references to discrimination in housing. Motion by Councilmember Snesko to oppose AB 101. There was no second to the motion. Motion by Councilmember McIntyre to take no position on AB 101 but give approval to individual Councilmembers to make their individual positions known to the legislature. There was no second to the motion. ITEM 11.3 SMOKING PROHIBITIONS Staff report by City Attorney Eckis. The City and County of San Diego have amended their ordinances prohibiting smoking in certain public places and it is appropriate that the City of Poway amend theirs in order to maintain county-wide consistency. Staff recommends the City Council review the proposed changes and set a public hearing. Motion by Councilmember Emery, seconded by Councilmember McIntyre to approve staff recommendation and send letters of opposition to SB 376 which would preempt local jurisdictions from establishing smoking prohibitions. Motion carried unanimously. 4304 Page 8 - CITY OF POWAY - August 27, 1991 ITEM 17 CITY MANAGER ITEMS City Manager Bowersox stated that water conservation efforts had achieved a 33% savings last week and a 39% savings month to date. City Manager Bowersox stated that the Air Force and Naval Academy water polo teams will be practicing in our community pool on September 5 and 6. City Manager Bowersox suggested the scheduled Thursday workshop be resched- uled when all Councilmembers can be present. Council concurred that changing the timing of this annual workshop to be prior to the budget preparation would be advantageous. NAYOR AND CZTY COUNCZL-ZNZTZATEO ZTEKS 19. A) Councilmember Emery stated there were no items discussed at the August 22, 1991 Metropolitan Transportation Development Board meeting that affected Poway. B) Councilmember Emery suggested the City explore the establishment of an "Adopt-a-Park" program. Council concurred in referring this to the Parks & Recreation Committee. c) Mayor Goldsmith announced the appointment of Scott Gray to the Redevelopment and Housing Advisory Co~)idttee as Councilmember Snesko's appointment. AI~OLIRNNENT Mayor Goldsmith stated that Harry "Bud" Barber, former General Manager of the Poway Municipal Water District, had died on Sunday, August 25, 1991, and read a Certificate of Commendation he presented to him last week. There will be a trust fund established in his memory to provide funding for the new library. The Friends of the Library, Poway Rotary, and Poway Valley Senior Citizens have requested a section of the library be named in his honor. Upon motion by Councilmember Higginson, seconded to adjourn the meeting in memory of Bud Barber. The time of adjournment was 11:35 p.m. by Councilmember McIntyre, Motion carried unanimously. Marjorie I~. Wahlsten, City Clerk City of Poway 4305