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CC 1992 02-04 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 4, lgg2 The February 4, 199Z, regular meeting of the City Council of the City of Poway, was called to order at 7:00 p.m., by Mayor Goldsmith at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Bob Emery, Don Higginson, Kathy McIntyre, Tony Snesko, Jan Goldsmith STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis John Fitch Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Alan Archibald Garry MacPherson Patrick Foley Janis Acosta Penny Riley City Manager City Clerk City Attorney Assistant City Manager Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Battalion Chief Principal Management Analyst Management Analyst DART Program Manager/Assoc. Planner PLEDGE OF ALLEGIANCE Deputy Mayor McIntyre led the Pledge of Allegiance. PUBLIC ORAL COHMUNICATIONS Mayor Goldsmith explained the procedure for Public Oral Communications. Present to speak: Mike Saltzstein, 1135 Garnet #K, San Diego representing the San Diego/ Imperial Swim Association, thanked Community Services staff for their assistance with the Presidents Day Senior Swim Meet and invited the City Council to attend the Senior Swim Meet this week-end at the Community Pool. 4454 Page 2 - CITY OF POWAY - February 4, 1992 CONSENT CALENDAR Motion by Councilmember Emery, seconded by Councilmember Snesko, to approve the Consent Calendar as follows: 13. Approval of Minutes - City Council January 14, 1992, Regular Meeting 15. Ratification of Warrant Register for January 16, 1992. (401-10) 16. Denial of claim for damages: A) Matthew Pollack; B) Mollie Schaefer. (704-13) 17. Approval of 1992 "Earth Day" celebration program on April 25, 1992. (1180-05) 18. Adoption of Resolution No. 92-014, entitled, "A Resolution of the City Council of the City of Poway, California Respecting Authorized Officers Designated to execute Public Securities, Instruments of Payment, and Investments on Behalf of the City and Rescinding Resolution No. 91-092." (403-04) 19. Adoption of Resolution No. 92-015, entitled, "A Resolution of the City Council of the City of Poway, California Amending the List of Designated Positions subject to the Reporting Requirements of the City's Conflict of Interest Code," and Resolution No. 92-016, entitled, "A Resolution of the City Council of the City of Poway, California Approving the Poway Redevelopment Agency's Adoption of the Amended List of Designated Positions Subject to the Reporting Requirements of the Agency's Conflict of Interest Code." (704-08) 20. Adoption of Resolution No. 92-017, entitled, "A Resolution of the City Council of the City of Poway, California Accepting a Donation of the Hay Barn/Templar's Hall Building," from the Parma Family Trust. (1180-10) 21. Resolution No. 92-018, entitled, "A Resolution of the City Council of the City of Poway, State of California, Annexing Territory to the Sewer Improvement District of the City of Poway, Walker Annexation," 14031 Sycamore Avenue, 314-212-21. (1170-11) 22. Resolution No. 92-019, entitled, "A Resolution of the City Council of the City of Poway, State of California, Annexing Territory to the Sewer Improvement District of the City of Poway, Khoury Annexation," 15643 Oakstand Way, 278-442-36. (1170-11) 23. Resolution No. 92-020, entitled, "A Resolution of the City Council of the City of Poway, State of California, Annexing Territory to the Sewer Improvement District of the City of Poway, Barton Lab Annexation," 13411 Stone Canyon Road, 275-181-08. (1170-11) 4455 Page 3 - CITY OF POWAY - February 4, 1992 24. Resolution No. 92-021, entitled, "A Resolution of the City Council of the City of Poway, State of California, Annexing Territory to the Sewer Improvement District of the City of Poway, Boon Annexation," 13650 Orchard Gate Road, 275-500-35. (1170-11) 25. Resolution No. 92-022, entitled, "A Resolution of the City Council of the City of Poway, State of California, Annexing Territory to the Sewer Improvement District of the City of Poway, Mohling Annexation," 13625 Adrian Street, 314-220-05. (1170-11) 25.1 Authorization for payment of $18,000 to stop notice claimants for FFA Animal Facility, Jomas Constructors, Inc. and authorization to execute settlement agreement on file with the City Attorney. (602-01, #833) Motion carried unanimously. ITEM 4 (70i-04) ORDINANCE NO. 351 - STORM DRAIN UTILITY FEE Mayor Goldsmith opened the public hearing and read the title of Ordinance No. 351, "An Ordinance of the City of Poway adding Chapter 16.74 to the City of Poway Municipal Code to Establish a Storm Drain Utility Fee." City Manager Bowersox requested this item be continued to February 11, 1992 to allow the Engineering Services Department to more accurately calculate the costs of the National Pollutant Discharge Elimination System Program. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Snesko to continue the first reading of Ordinance No. 351 to February 11, 1992. Motion carried unanimously. ITEM 5 (1204-13) WATER SHORTAGE CONTINGENCY PLAN Mayor Goldsmith opened the public hearing. City Manager Bowersox stated we have received a request from the Green Valley Civic Association to continue consideration of the water shortage contingency plan for four weeks. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Higginson to continue this item to March 3, 1992 as long as there is no penalty to the city for delay in adoption. Director of Public Services Archibald stated adoption of this puts us in position to receive state drought assistance when and if it is needed. Motion carried unanimously. 4456 Page 4 - CITY OF POWAY - February 4, 1992 ITEM 6 (203-04) VARIANCE 91-11/MINOR DEVELOPMENT REVIEW 91-70 APPLICANT: RICHARD AND MARIA SULPIZIO Mayor Goldsmith opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 1200 square foot two story room addition which will observe an eight foot wide yard setback where a twenty foot setback is required at 15812 Lime Grove Road. There was no one present wishing to speak. Motion by Councilmember Higginson, seconded by Councilmember Emery, to close the public hearing and adopt Planning Resolution No. P-92-07, entitled, "A Resolution of the City Council of the City of Poway, California Approving Variance 91-11 and Minor Development Review 91-70, Assessor's Parcel Number 275-520-11." Motion carried unanimously. ITEM 7 (1170-04) SOLID WASTE RECYCLING Staff report by City Manager Bowersox. On January 14, 1992, the City Council requested staff discuss a three-year amortization period with the five existing haulers in the city. Although the City Attorney has opined that no notice is necessary, we feel a moral obligation to give some notice. Three of the haulers have agreed to that time frame. Councilmember Emery asked about the funds the City will receive from a recycling grant. Director of Public Services Archibald stated the County grants $8.00 per ton of recyclables diverted from the waste stream and we are receiving that amount based on the 250 tons per month the Music Boosters are recycling currently. Councilmember Emery suggested these funds be used to install the upgrades to the Garden Road site the City is currently requiring of the Music Boosters. Councilmember McIntyre stated she had talked to one of the haulers who did not agree to the three year time frame and they may be agreeable. She requested staff try again. Speaking in favor of the grant proceeds being used at the Garden Road site: Bryan Smith, 13011 Gate Drive and John Baildon, 12709 Corte Rayito representing the Poway High Music Boosters. Motion by Councilmember McIntyre, seconded by Councilmember Emery to direct staff to meet again with the other two haulers to try to reach agreement on the 3-year compromise, and to report back to the Council regarding the improvements the City is requiring at the Garden Road site. Motion carried unanimously. 4457 Page 5 - CITY OF POWA¥ - February 4, 1992 ITEM 8 (203-01, #88-13) FENCING ON STONE CANYON ROAD Staff report by City Manager Bowersox. On January 7, 1992, Bill Jensen stated his objection to the appearance of the wood fence built on Stone Canyon Road along the rear yards of new homes on Footman Lane. A block wall will be constructed on Pomerado Road with Phase II of this project since Pomerado Road is an arterial and the block wall is needed for sound attenuation. However, there is no such requirement for Stone Canyon Road. Speaking in opposition: William Jensen, 12638 Stone Canyon Road, stated the map approval requires the fence to be painted to complement the houses and he believes the color is terrible. Council directed staff to talk to the developer about the color of the fence. ITEM 9 (1170-09R) VISTA VIEW DRAINAGE Staff report by City Manager Bowersox. At the January 7, 1992 City Council meeting Philip Geising expressed concern regarding drainage under the private driveway that serves his property south of the proposed Pontiac dealership. The city installed a small culvert under his driveway during one of the creek cleaning projects and it becomes clogged. The Redevelopment Agency owns the property between the dealership and the Geisings and it needs to be cleared of debris. In addition, the Pontiac dealership will be installing drainage improvements on their property. Councilmember Emery asked if Pontiac's improvements have been designed and if Mr. Geising will have any input into the process. City Manager Bowersox stated that the Geisings will be involved because it impacts their driveway. Speaking in opposition: Philip Geising, 13801Poway Road, asked about moving the drainage channel to the property line between the dealership and the Redevelopment Agency's property. City Manager Bowersox stated that this would be a new requirement for the dealership and could only be imposed if the property line were shifted the thirty feet south that had been previously discussed. In the past the neighborhood was opposed to increasing the size of the dealership's property. Mayor Goldsmith suggested this could be put on the list of future capital projects. Council concurred to receive and file this report. 4458 Page 6 - CITY OF POWAY - February 4, 1992 ITEM 10 (704-10) SIGN AMORTIZATION PROGRAM STATUS Item introduced by City Manager Bowersox. Staff report by Director of Planning Services Wright-Quastler. She reviewed the provisions for temporary signage; signs that are prohibited; and the status of the efforts to eliminate non- conforming signs required under terms of Ordinance No. 82 adopted in 1983 which gave a nine-year amortization period. 107 signs have been removed and 21 remain. She also reviewed the process staff proposes to follow on these 21 signs, culminating in referral to the City Attorney's office for enforcement if they fail to comply. Council concurred they wanted to ensure conformance in the interest of fairness to the community and to the property owners who have complied, however, they requested staff involve the Chamber of Commerce and the Business Advisory Committee in working out individual plans for conformance with each owner. If the owners are not willing to commit to a program then they will be referred to the City Attorney for enforcement. ITEM 11 (203-14) DEVELOPMENT REVIEW 91-32 APPLICANT: GRANT/SAPP CONSTRUCTION Staff report by City Manager Bowersox. This is a request to construct a commercial center on 1.75 acres at the southeast corner of Hilleary Place and Community Road on one of the freestanding pads at the northwest corner of the WalMart project. Staff recommends approval. Speaking in favor of staff recommendation: Michael Grant, 1660 Hotel Circle Drive, San Diego Motion by Councilmember Emery, seconded by Councilmember Snesko to adopt Planning Resolution No. 92-08, entitled, "A Resolution of the City Council of the City of Poway, California Approving Development Review 91-32, Assessor's Parcel Number 317-130-28 (portion)." Motion carried unanimously. (Councilmember Higginson left the room at this point.) ITEM 12 (602-01, #909) POMERADO WATER RECLAMATION FACILITY Staff report by City Manager Bowersox. Staff has negotiated an agreement with the City of San Diego transferring the responsibility for the preparation of the EIR for the Pomerado Water Reclamation Facility to the City of San Diego, as well as a Facilities Plan Project Report analyzing a minimum of five sites for an 8 - 10 MGDwater reclamation facility. It also sets forth the method of purchase of the current treatment plant site should it be purchased by the City of San Diego. Staff recommends approval. 4459 Page 7 - CITY OF POWAY - February 4, 1992 In response to query by Councilmember McIntyre, Mayor Goldsmith stated Poway will always to tied into the Clean Water Program by virtue of our contract with the City of San Diego for sewage disposal. However, the city still has the flexibility of choosing to be a member of the Program with a voice and a vote, or being a contracting body. That decision is in the future. Motion by Councilmember Emery, seconded by Councilmember Snesko to direct staff to execute the planning and property acquisition agreement with the City of San Diego for the Pomerado Water Reclamation Facility. Motion carried 4-0 with Councilmember Higginson out of the room (Councilmember Higginson re-entered the meeting.) ITEM 26 CITY MANAGER ITEMS A) City Manager Bowersox announced the water conservation efforts total only 6% for the week, but 29% for the month. B) City Manager Bowersox introduced two new reporters to Poway: Lori Swissler of the Times-Advocate and Emmet Pierce of the Union-Tribune. c) City Manager Bowersox stated he has met with the City of San Diego to discuss how to best accommodate a six lane design of the South Poway Parkway west of our city limits to 1-15. Mayor Goldsmith commented that this was a goal of the Transportation Task Force. MAYOR AND CITY COUNCIL-INITIATED ITEMS 28A. 28B. 28C. Councilmember Emery stated that Martin Luther King Jr. Day is a National and State holiday and he feels the City of Poway should observe it. City Manager Bowersox suggested this is more appropriately a matter of the meet and confer process as a benefit for City employees. Following discussion, Council took no action on this item. Councilmember Emery asked about the status of removal of earth moving equipment from the Kuebler property off Sycamore Canyon Road. City Attorney Eckis stated a letter has been sent to the Kueblers giving them a March 1, 1992 deadline or the City will remove and recover costs through the tax bill. Councilmember Emery stated his objections to the letter sent by Councilmember Snesko to area religious leaders on his city-supplied letterhead urging recruitment of Christian Councilmember candidates from their congregations. Although the City Council approved use of individual letterhead by Councilmember Snesko he does not feel this type of letter is an appropriate use. The other Councilmembers concurred. 4460 Page 8 - CITY OF POWAY - February 4, 1992 32. Councilmember Snesko asked the City Attorney if he had done anything illegal or in violation of his oath of office. City Attorney Eckis stated he had not formed a final opinion. Councilmember Snesko stated the letterhead was supplied him by the City Manager's office following the September, 1991 action and he assumed it met the conditions of being his letterhead even though it had the city seal and name on it. He played a copy of the tape from the September meeting and stated he would not apologize because he felt he had done nothing illegal. Councilmember Higginson made a motion to rescind the action of September 10, 1991; send a letter to the Fair Political Practices Commission to investigate use of City funds; and require all future correspondence from Councilmember Snesko to be reviewed by the City Attorney. There was no second. The following citizens spoke in opposition to the use of letterhead by a Councilmember in this way: Cathy Welch-Eckey, 14229 York Avenue Gisela Koestner, 13252 Olive Meadows Vicki Lazowski, 14440 Golden Sunset Jim Crosby, 14658 Colony Way Rev. Linda Stowell, 5102 Towle Court, San Diego DeAnne Erickson, 15051Vali Hal Road Following discussion, motion by Mayor Goldsmith, seconded by Councilmember Emery, to request the City Attorney to conduct an investigation into this matter and report to the City Council in a public meeting and to send a letter of apology for any appearance of Councilmember Snesko's letter being a City letter from the Mayor to those who have expressed being offended. Motion carried unanimously. Councilmember Snesko stated he has been approached by businesses in Poway regarding not being solicited for bids. He suggested giving the Chamber of Commerce a list of areas where the City bids so they can encourage their members to get on the bid list. He also suggested giving Poway businesses preference within certain parameters. City Manager Bowersox stated the City Council adopted Resolution 224 on April 20, 1982 establishing a "buy local" policy and staff will report regarding how this is/will be implemented. ADJOURNHENT Upon motion by Councilmember Higginson, seconded by Councilmember Emery, Mayor Goldsmith ordered the meeting adjourned. The time of adjournment was 9:53 p.m. Marjor~e I~. Wahl sten, i y City of~p~way erk 4461